I.P. Mukerji, J.

1. This is the third interim application taken out by the plaintiff in this suit. It challenges a sale notice dated 27th February, 2014 published by Canara Bank. It is issued under Rules 8(6) and (9) of the Security Interest (Enforcement) Rules 2002. It proposes to sell the properties mentioned in column F thereof being a parcel of land in Burdwan. The name of the borrower is mentioned in the notice as M/s. Capricorn Oils Ltd. of 20 N.S. Road, 2nd floor, Kolkata. One clause in the notice is very important. It states as follows:-

"In view of order dated 10th January, 2014 passed by the Hon’ble High Court, Calcutta and without prejudice, the banks right to recover its dues in respect of the credit facilities granted to Capricorn Oils Limited subsequent to 25.11.2009 with further interest accrued thereon till realisation is not included in this notice."

2. The liability of the borrower is stated to be Rs. 2,65,25,263.57. Interest is claimed till 25th November, 2009 together with "unapplied interest with effect from 26th November, 2009."

3. At the outset, Mr. Ajoy Krishna Chatterjee, learned senior counsel appearing for the bank, takes the point of maintainabilit