SOUMEN SEN,J. - (1.) The Court : This is an application for review of an order passed on 17th February, 2017. In this application the Court was reminded that as an executing Court, the Court cannot go behind the decree and make an enquiry to find out whether the Arbitrator has properly exercised his jurisdiction. It is strenuously argued in support of the review application that there is an error apparent on the face of the record since the quoted portion of the report appearing from the impugned order, it would not appear that Deepak Traders was in any manner linked or related to the petitioner.
(2.) In order to appreciate the grounds on which the review was filed, it is necessary to refer to the order passed by this Court under review. The order reads: " An egregious fraud has been committed on the Tribunal and also sought to be perpetrated on this Court by giving a complete misleading picture that the loan forming the subject matter of the arbitration proceeding was granted to the award- debtors which they had failed to repay. Learned Counsel appearing on behalf of the award-debtors submitted on an earlier occasion that this loan was never given to the award-debtors and in fact the beneficiary of the loan was M/s. Deepak Traders. On the basis of the said submission an order was passed on 2nd December, 2016 which reads : "The General Manager, State Bank of India, Teghoria Branch is directed to file a report in a sealed envelop with regard to the transaction details in relation to cheque nos.517402 and 517406 of account no.10261690285 for Rs.10 lakh and Rs.18.50 lakh which appear to have been credited to account no.10916351525 of Deepak Traders on 11th June, 2009 and 12th June, 2009. The said authorities shall also disclose the particulars of Deepak Traders including the account opening form and the person/s who is/are the authorised signatory/ies of Deepak Traders. The said report shall be filed within a week from the date of communication of this order, with the Registrar, Original Side, High Court. The parties are directed to communicate this order to the general manager immediately."
(3.) Apparently, the bank was reluctant to comply with the said order unless the General Manager was threatened with an action including securing his presence in Court for non-compliance of the earlier order. The Bank Manager in compliance with the said order has filed a report which says : "With reference to R.No:1985 dated 20th December, 2016 on the above subject, this is our humble submission that M/S KAMALA RANJAN CHAKRABORTY, MR BIKRAM CHAKRABORTY maintain SB A/c 10261690285 at our Teghoria Raghunathpur Branch. But the concerned debit transaction Rs.10,00,000/- and Rs.18,50,000/- were done at our Baghajatin Bazar (Kolkata) Branch code No:6789 on 11th June 2009 and 12th June 2009, therefore the concerned instrument also held by that branch. The A/c of M/S Deepak Traders (10916351525) was maintained at our Alipore, Kolkata Branch (Branch code: 0004). These things were already informed to M/s Kamala Ranjan Chakraborty vide there RTI dated 08/07/2016." ;