I.P.MUKERJI,J. - (1.) Three applications are before this Court. The application (GA No.3099 of 2014) is the plaintiff's application under Order 38, Rule 5 of the Code of Civil Procedure, for attachment before judgement. The others two applications are filed by the defendants. The application (GA No.3821 of 2014) is made by them for vacation of the interim order obtained by the plaintiff. The others application (GA No.3745 of 2015) refers to urgent circumstances under which the applicant/defendants be permitted to withdraw Rs.57 lakhs and odd lying in their bank account.
(2.) In the application taken out by the plaintiff (GA No.3099 of 2014), on 26th September 2014, this Court directed service of the application upon the defendants. It is not the defendants' case that they did not receive the papers. But in paragraph 5 of their above application made in 2014 they used some expressions like "mis-communication" and "bona fide mistake" as a reason for not being able to appear in Court. In their absence on 3rd November, 2014 an order was passed in the Order 38, Rule 5 application restraining them from operating their bank account without a credit balance of Rs.9,42,59,029.28/-. This account never had a balance even close to this. It has about Rs.57 lakhs in it, now.
(3.) An application was made by the defendants (GA No.3822 of 2014) for revocation of leave obtained by the plaintiff under clause 12 of the Letters Patent to institute the suit. On 15th December, 2014 it was dismissed by Mr. Justice Soumen Sen.;