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2023 Supreme(Cal) 817

MOUSHUMI BHATTACHARYA
Gatik Tea and Co. Private Limited – Appellant
Versus
Bank of Baroda – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Suddhasatva Banerjee, Mr. Aasish Choudhury, Ms. Uma Bagree, Ms. Muskan Bengani, Advs.
For the Bank of Baroda : Mr. Dipanjan Datta, Mr. Subhajit Chowdhury, Adv.
For the Respondent: Mr. Ranajit Chatterjee, Mr. Priyabrata Batabyal, Mr. Sutanu Karmakar, Mr. Souvik Das, Adv.

JUDGMENT :

Moushumi Bhattacharya, J.

1. The writ petitioners have challenged the conduct of the Bank of Baroda in handing over collateral securities to the private respondent no. 4 on a notice, which the writ petitioners say, was issued under section 91 of The Code of Criminal Procedure (Cr.P.C), 1973. The notice dated 11th November, 2022 was issued by the police authorities; the Investigating Officer, Bhaktinagar, Police Station, Siliguri who is the respondent no. 3 in the writ petition. The petitioners seek setting aside of this notice dated 11th November, 2022 and all steps in pursuance thereof.

2. According to learned counsel appearing for the writ petitioners, the petitioners filed a police complaint on 16th February, 2022 for an investigation against the private respondent which led the police to file a charge-sheet under several sections of the Indian Penal Code, 1860. The petitioners also instituted a suit being CS No. 305 of 2022 before this Court claiming various reliefs against the private respondent. Counsel places the challenge on the Notice dated 11th November, 2022 which was apparently issued under section 91 of the Cr.P.C. to the Bank for release of collateral securiti

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