Narayan Chandra Sil, J. - (1.) This is to consider the maintainability of the application under Article 227 of the Constitution of India which arose out of the Order dated 10th April, 2002 passed by the Presiding Officer, Debts Recovery Tribunal-1, Kolkata in connection with O.A.No. 128 of 2001.
(2.) The O.Ps. have challenged the maintainability of the application and as such the question of maintainability has been taken up for consideration.
(3.) It appears from the impugned order of the Presiding Officer, Kolkata Debts Recovery Tribunal-I, dated 10th April, 2002, that the application dated 18th February, 2002 filed by the applicant-Bank was taken up for consideration by him. After hearing both the parties the learned Presiding Officer passed the interim order of status quo restraining the defendant Nos. 2 and 3 from operating the Bank account bearing No. 412800566 of the defendant No. 3 maintained with the defendant No. 2 without touching a sum of U.S. Dollar 3,52,250. In arriving at such decision the learned Presiding Officer after having considered the materials placed before him found prima facie case in favour of the applicant-Bank for recovery of a sum of Rs. 1,43,67,841/- against the defendants including the defendant Nos. 2 and 3. Thereafter the learned Presiding Officer fixed the date on 30th April, 2002 for hearing the main application itself giving opportunities to the defendants for filing written objection.;