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1974 Supreme(Cal) 13

Ainal Kumar De
Amalesh Mukherjee – Appellant
Versus
State Bank Of India – Respondent


Advocates Appeared:
Mahitosh Majumdar, Malay Ghosh, Rupen Mittal, S.S. Roy, Tapas Banerjee, V. Damodar Valley

JUDGMENT

1. PETITIONER in this Civil Rule is the Plaintiff in Title suit No. 509 of 1972 in the -City Civil court, Calcutta and is the appellant in F.M.A.T. No. 1941 of 1972. He is a, cashier in the State Bank of India. On 19.4.72 he was employed in that capacity in the Alipore Branch of the State bank. In- compliance with the instructions received from the Head Office of the Bank the opposite party No. 2 the bank's Agent of the Alipore Branch, informed the petitioner of his transfer, made by the Head Office to its Rajpur branch. He was not allowed to work as cashier at Alipore Branch from 20.4.72. He got the order of transfer on 22.4.72. He filed the suit against the Bank, opposite party No. 1, and its Alipore Agent, opposite party No. 2, and played far a temporary injection to restrain them from giving effect to the order of transfer. The learned trial Judge has by his order, after contested hearing of both the parties, refused the said prayer. Petitioner filed F.M.A.T. No. 1941 of 1972 on 25.2.72, and thereafter filed a petition, giving rise to this Civil rule, for an order of stay of operation of the order of transfer of the Bank, challenged in the suit as mala fide on the alleg







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