Soumen Sen, J.

1. This application has been taken out by the defendant No.2, United Bank of India, for rejection of plaint.

2. The plaintiff has instituted the suit against the defendants praying, inter-alia, for a declaration that the notices dated 13th August, 2011 and 14th August, 2012 issued by the defendant No.2 is illegal, null and void and liable to be set aside. It is stated in the plaint that the defendant No.1 and the defendant No.3 are acting hand in glove with each other and have acted in a manner prejudicial to the interest of the company. The said defendants were instrumental in persuading the plaintiff No.2 in executing personal guarantees in favour of the bank in consideration of grant of loan and cash credit facilities to the plaintiff No.1. The cause of action against the defendant No.2 is stated in Paragraph 16 of the Plaint. It is stated that the defendant No.2 allowed the defendant No.1 to solely operate the cash credit account of the Company without considering and ignoring the resolution passed by the Board of the Company on 26th June, 2010. The bank did not reply to the notices issued by the plaintiffs with regard to the non-compliance of the resolut