I.P.MUKERJI,J. - (1.) Both these applications could not be taken up, entirely, today. I have been able to hear some submissions on behalf of both parties.
(2.) It appears that the interim order dated 9th February, 2012 in terms of prayer (a) in TA No.12 of 2012 with CS No.56 of 2012 and TA No.13 of 2012 with CS No.57 of 2012 is creating some difficulties. Mr. Das points out that the Court has held, prima facie, that the Section 138 action was not maintainable. Order in terms of prayer (a) seems to stop any other remedy that is available to the bank.
(3.) I think he is right. I clarify the order dated 9th February, 2012 that it is only restricted to any action taken by the defendant against the plaintiff under Section 138 of the Negotiable Instruments Act, 1881.;