( 1 ) THIS appeal from original order is directed against the judgement and order dated 16th January, 1987, passed by a learned single Judge in C. O. No. 15186 (W) of 1986. By such determinations, the application. which was moved and on the basis whereof the concerned Civil Order was issued, was dismissed, holding inter alia amongst others that in the facts and circumstances of the case, the parties should file a suit to establish their rights.

( 2 ) THE appellant M/s. Gupta Biscuits (P) Ltd. is an existing Private Limited Company registered under the Companies Act, 1956 and has its Registered Office at N. S. Road, Asansol, Burdwan and the factory is situated at Karangapara Road, Durgapur, Burdwan. It was the case of the appellant that it was engaged in manufacturing and selling of biscuits of various types and for the convenience of operation and for carrying on the day to day monetary affairs, a Current Account with the United Commercial Bank, Asansol was opened. It has also been stated that in the course of the business with the said Bank, deposits of money, cheques etc. for realisation and credit in favour of the appellant were made and cheques were also issued