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2017 Supreme(Cal) 835

JYOTIRMAY BHATTACHARYA, ARIJIT BANERJEE
Tapan Kumar Das – Appellant
Versus
Bank of India – Respondent


Advocates Appeared:
For the Appellants : Mr. Sakya Sen, Mr. Ovik Sengupta.
For the Respondents: Mr. Aryak Dutta, Mr. Dipankar Das, Mr. Arijit Bardhan, Mr. Salman Hasan.

JUDGMENT :

JYOTIRMAY BHATTACHARYA, J.

1. This mandamus appeal is directed against an order passed by a learned single judge of this court on 24th April 2017 disposing of the writ petition being W.P. No. 13284 (W) of 2016 filed by the writ petitioners/appellants.

2. The writ petitioners along with the respondent no. 3 were carrying on business in co-partnership. Such partnership was constituted on the basis of a Partnership Agreement executed by all the partners. The mode of operation of the partnership bank account is provided in clause 13 of the Partnership Agreement, which runs as follows:-

“That the partners shall control the finance and banking account shall be operated by Sri Bireshwar Das, the party of the second part and Sri Tridib Das, the party of the fourth part jointly.”

3. The private respondent being one of the partners of the said partnership firm wrote a letter to the concerned bank, requesting the Manager of the said bank to freeze the bank account of the said partnership firm.

4. On such request being made by the said partner, the Bank of India directed debit freeze of the bank account maintained by the partnership firm.

5. The legality of such action on the part of the b


















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