SABYASACHI BHATTACHARYYA, J. - (1.) The present application under Article 227 of the Constitution of India has been filed against an appellate court's order rejecting an application filed by the petitioner for stay of operation of the ad interim injunction order passed by the trial court restraining the defendant no. 1/petitioner and other defendants from invoking or encashing a bank guarantee issued by the UCO Bank, Dumdum Nagerbazar Branch (proforma opposite party no. 2) at the behest of the petitioner as also pursuing with the claim of occupational charges, against which the miscellaneous appeal itself had been filed.
(2.) The plaint case of the plaintiff/opposite party no. 1 is that the plaintiff used to provide ground handling service for certain Airlines in connection with the business of cargo handling, airport ground service and/or logistics related to airport activities run by the defendant no. 1/petitioner. The service was subsequently discontinued on the basis of a decision taken by the petitioner-Authority, pursuant to which the plaintiff/opposite party no. 1 removed its equipment from the airport and stopped providing any service from May 1, 2020.
(3.) As per agreement, a bank guarantee had been furnished by the opposite party no. 1 as security. Upon all dues being cleared, the opposite party no. 1 asked the petitioner to release the bank guarantee. Instead of doing so, it is alleged in the plaint, the petitioner issued a demand notice on March 1, 2021 for Rs. 54,41,395/- towards occupational charge for the period between May 2, 2015 and February 8, 2021. Unless the payment was made within ten days, the petitioner stated in the notice that it would adjust the same from the bank guarantee.;