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2021 Supreme(Cal) 302

RAJASEKHAR MANTHA
Kamsco Industries Private Limited – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:Mr. Ratnanko Banerjee, Senior Advocate Mr. D.K. Sarkar Mr. A. Deb
Ms. A. Daga
For the UOI : Mr. Y. J. Dastoor, ASG Mr. Rudraman Bhattacharyya Mr. Rajashree Venket Kundalia
For the Respondent:Mr. Sudipto Sarkar, Senior Advocate Mr. Paritosh Sinha Ms. A. Agnihotri Mr. Saubhik Chowdhury Mr. Vividh Tandon Mr. R.V. Goutham Mr. Dripto Majumdar Ms. Ayusmita Sinha Ms. K. Kapadia Mr. D. Das
For the Applicants for Addition of Parties : Mr. S.K. Sinha Mr. Debashis Saha Ms. Dipika Banu Ms. Namrata Chatterjee Mr. Souvik Dian

JUDGMENT :

Rajasekhar Mantha, J.

CAN 1 of 2021

This application has been filed for addition of parties. The applicant is State Bank of India for itself and as a leader of a consortium of lenders to, inter alia, M/s. UBL. The applicants are necessary and proper parties. Hence, CAN 1/2021 is allowed. The said applicants shall be added as party-respondents to the instant writ petition.

Learned advocate of record or the applicants shall make necessary amendments in the cause title of the writ petition in course of the day.

CAN 1 of 2021 is allowed and disposed of.

W.P.A. No. 12067of 2021

1. By order dated 12th August, 2021, a Co-ordinate Bench, reserving the point of maintainability to be decided in course of final hearing, called for affidavits from the parties. This matter has been listed before this Court as a motion. The principal Respondents have not filed affidavits.

2. The respondent No. 4 has used affidavit-in-opposition. The Union as well as the State Bank of India prayed that this Court should first decide on the maintainability of the writ petition on the question of territorial jurisdiction. It is submitted that affidavits are not needed for deciding the preliminary issue. The part

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