KOTAK MAHINDRA BANK LTD. Vs. THE BOARD OF TRUSTEES FOR CAMELIA EDUCARE TRUST AND ANOTHER
LAWS(CAL)-2018-6-120
HIGH COURT OF CALCUTTA
Decided on June 22,2018

KOTAK MAHINDRA BANK LTD. Appellant
VERSUS
The Board Of Trustees For Camelia Educare Trust And Another Respondents

JUDGEMENT

SABYASACHI BHATTACHARYYA,J. - (1.) The first defendant in a suit, primarily for declaration challenging an order dated March 3, 2018, passed by a Review Committee of the present petitioner declaring opposite party no. 1 as wilful defaulter, and for consequential reliefs, has preferred the instant revisional application.
(2.) Initially, an ad interim order of injunction was passed in the said suit, restraining the defendants therein from giving effect to the said order passed by the Review Committee till May 3, 2018. The plaintiffs were directed to comply with the provision of Order XXXIX Rule 3(a) and (b) of the Code of Civil Procedure immediately. However, vide Order No. 3 dated April 23, 2018, it was recorded by the trial court that the plaintiffs had complied with the previous direction in an incomplete manner and, as such, the ad interim order of injunction was liable to be vacated at that stage.
(3.) Aggrieved by this, the plaintiffs/opposite party nos. 1 and 2 took out an application for recall of such order.;


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