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2013 Supreme(Cal) 174

Ashim Kumar Banerjee, ASHOKE KUMAR DASADHIKARI
AKHIL BANDHU SAHA – Appellant
Versus
BRANCH MANAGER, STATE BANK OF INDIA – Respondent


Advocates Appeared:
Appellant (in person): Mr. Akhil Bandhu Saha.
For the assistance of the appellant:Mr. Goutam Dey, Advocate. Mr. Anindya Sundar Das, Advocate. Mr. Soumayjit Das Mahapatra, Advocate.
For the Bank:Mr. Sudeep Pal Chowdhury, Advocate.

JUDGMENT

ASHOKE KUMAR DASADHIKARI, J. : The subject matter of appeal relates to an order of the learned Single Judge refusing to entertain the writ petition filed by the writ petitioner with a prayer to release the movable and immovable assets not hypothecated and mortgaged to the respondent bank, to allow him to operate the locker with the Bank and give appropriate accounts of loan amount Rs.9,75,152.37 after adjustment of matured value of fixed deposits Rs.4,40,00 and for releasing all security assets held since 11th December, 2003 on complete realization of the loan of Rs.9,75,152.37. The appeal arose against the judgment and order dated 17th April, 2012.

2. The writ petitioner was carrying on business in the name of East India Chemical Products and East India Trading Company. State Bank of India Ektiashal Branch sanctioned credit facilities in favour of East India Trading Company to the tune of Rs.5,00,000/- against STDR value Rs.50,900/- and Rs.75,000/- as collateral security with equitable mortgage property of Hyderpara in the District of Jalpaiguri. Similarly, credit facilities were also sanctioned by the Bank Authorities in favour of East India Chemical Products i.e. cash cr













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