STATE BANK OF INDIA Vs. MADHUMITA CONSTRUCTION PVT LTD
LAWS(CAL)-2009-8-72
HIGH COURT OF CALCUTTA
Decided on August 31,2009

STATE BANK OF INDIA Appellant
VERSUS
MADHUMITA CONSTRUCTION PVT. LTD Respondents

JUDGEMENT

Banerjee, J. - (1.) This appeal is against an order dated 16th July, 2002 of the learned Single Judge, refusing the prayer of the plaintiff-appellant for interim orders that would, in effect restrain the defendant Nos.53 to 57 from proceeding with their applications under Section 19 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 and further dismissing the suit being Suit No.445 of 1998 filed by the plaintiff-appellant as against the said defendants.
(2.) The plaintiff-appellant filed the said suit being Suit No.445 of 1998 impleading 57 defendants of whom defendant Nos.1 to 44 were constituents of the plaintiff-appellant, defendant Nos.45 to 52 were employees of the plaintiff-appellant and defendant Nos.53 to 57 were banks who had negotiated letters of credit issued by the plaintiff-appellant.
(3.) In the suit it was alleged that the defendant Nos.1 to 44, hereinafter ' referred to as the Madhumita group, in collusion with the defendant Nos.45 to 52, being the employees of the plaintiff-appellant fraudulently caused letters of credit in question, which were negotiated by the defendant banks, to be issued through the Baghbazar Branch of the plaintiff-appellant.;


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