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2024 Supreme(Cal) 1149

T. S. SIVAGNANAM, HIRANMAY BHATTACHARYYA
Cardiological Society of India – Appellant
Versus
Sunip Banerjee being the Secretary of Cardiological Society of India, West Bengal Branch – Respondent


Advocate Appeared:
For the Appellants :Mr. Mainak Bose, Mr. Dibyendu Chatterjee, Ms. Reshmi Ghosh Mr. Pritam Majumder, Ms. Barnali Gantait, Mr. Rahul Deb Goenka, Mr. Mainak Singha Barma, Ms. Satabdi Das ….advocates
For the Respondent:Mr. Jaydeep Kar, Sr. Adv., Mr. Billwadal Bhattacharya, Mr. Rajdeep Bhattacharya, Mr. Sauradeep Dutta, Mr. Arindam Kundu, Mr. Debasish Chowdhuri, Mr. Sujit Mitra, advocates

JUDGMENT :

Hiranmay Bhattacharyya, J.

1. This intra Court appeal is at the instance of the Cardiological Society of India (for short “CSI”) and its Secretary and is directed against an order dated 10.05.2024 passed by a learned Single Judge in WPA 11057 of 2024.

2. By the order impugned, the writ petition was allowed on contest and the respondent bank was directed to immediately defreeze the accounts in question and the writ petitioners/first respondent herein was permitted to operate the accounts fully.

3. The facts giving rise to this appeal in a nut shell are as follows.

The petitioner claims to be the Secretary of Cardiological Society of India – West Bengal Branch (for short “West Bengal Branch”). One general member filed a suit for declaration and injunction against the West Bengal Branch before the learned Civil Judge (Senior Division), Sealdah being Title Suit no. 120 of 2023. In connection with the said suit an application for temporary injunction was filed and an order dated 13.04.2023, which was subsequently modified on 18.04.2023, was passed thereby restraining the West Bengal Branch from holding Special General Body Meeting on 22.04.2023. The said orders dated 13.04.2023 an

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