JUDGMENT :

Hiranmay Bhattacharyya, J.

1. The judgment and order dated 03.11.2022 passed by a learned Single Judge in WPO 2366 of 2022 is under challenge in this intra court appeal at the instance of the State Bank of India.

2. The respondent no. 1 filed the writ petition being WPO 2366 of 2022 praying for specific performance of the letter of Arrangement dated June 28, 2021, refund of a sum of Rs. 92,56,733/-together with interest and for setting aside the notices dated April 7, 2022 and July 5, 2022 issued under Section 13(2) and 13(4) of the SARFAESI Act, 2002 respectively.

3. By the judgment and order impugned, the State Bank of India (for short “the Bank”) was directed to give effect to the letter of Arrangement dated 28.06.2021 and to give the benefit of the same to the writ petitioner/ respondent no. 1 herein. Any amount appropriated by the Bank from the account of the petitioner for the purpose of adjustment or otherwise was also directed to be returned to the respondent no. 1 within a specified time.

4. The facts leading to the filing of the writ petition and this appeal, in a nutshell, are as follows.

5. The respondent no. 1 had three separate transactions with the appellant Ban