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2010 Supreme(Cal) 607

PRASENJIT MANDAL, BHASKAR BHATTACHARYA
Chinmoy Pathak – Appellant
Versus
Standard Chartered Bank Ltd – Respondent


Advocates Appeared:
For the Petitioner:Sunit Deb, K.H. Dasan, Ms. Mala Chakraborty, Advocates.
For the Respondent:P.S. Sengupta, S. Ghose, A.K. De, Advocates.

JUDGMENT:-

Bhaskar Bhattacharya, J.

1. This appeal is at the instance of a plaintiff in a suit for declaration and injunction and is directed against order dated July 2, 2008 passed by a learned Single Judge of this Court thereby rejecting the plaint on the ground that the averments made in the plaint did not disclose any cause of action. Being dissatisfied, the plaintiff has come up with the present appeal.

The appellant, as the General Secretary of ANZ Grindlays Bank Retired Management Staff Pensioners Association, filed a suit being C.S. 198 of 2006 thereby praying for the following relief:

“The plaintiff prays for Leave under Order 1 Rule 8, Code of Civil Procedure to sue the Defendant Bank for himself and on behalf of and for the benefit of the said other members of the said ANZ Grindlays Bank Retired Management Staff Pensioners’s Association, all being interested herein and represented by the Plaintiff and claims;

(a) Declaration that the Plaintiff and all the members of the said ANZ Grindlays Bank Retired Management Staff Pensioners’s Association are entitled to a periodical review of the rate of pension payable to the Plaintiff and to all persons represented by him herein









































































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