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2023 Supreme(Gau) 695

MANISH CHOUDHURY
Indraprastha Cold Storage – Appellant
Versus
UCO Bank – Respondent


Advocates Appeared:
For the Petitioner:Mr. M.K. Choudhury, Senior Advocate, Mr. M. Dutta.
For the Respondents:Mr. K.N. Choudhury, Senior Advocate, Mr. M. Sarma, Ms. A. Gayan, Standing Counsel, Enforcement Directorate [ED].

JUDGMENT :

Two proprietorship concerns – [i] M/s Indraprastha Cold Storage; & [ii] M/s Indraprasth Roller Flour Mills – have instituted the writ petition under Article 226 of the Constitution of India seeking a number of reliefs against the respondent United Commercial Bank [UCO Bank] and the functionaries/officials of the respondent UCO Bank, who have been impleaded as party-respondent no. 1 to party-respondent no. 6 in the writ petition. One Sri Ritesh Kumar Tibrewal is the proprietor of M/s Indraprastha Cold Storage whereas his wife, Smti. Tripti Tibrewal is the proprietor of M/s Indraprasth Roller Flour Mills. M/s Indraprastha Cold Storage was initially a partnership firm where Sri Ritesh Kumar Tibrewal and his mother, Gita Devi Agarwala [since deceased] were partners. After the death of Gita Devi Agarwala, the partnership firm -M/s Indraprastha Cold Storage stood converted to a proprietorship concern.

2. The background facts which are not in dispute, can be mentioned at this stage. In the year 2002, the respondent UCO Bank sanctioned credit facility to the petitioner no. 1,

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