High CourtsDivision Bench(2020) 01 CAL CK 0113

Swapan Kumar Das & Ors vs Saraswati Nandi & Ors

Calcutta High Court · Decided on 21 January 2020

HON’BLE JUDGES
Abhijit Gangopadhyay, J · Harish Tandon, J
CASE NUMBER
Civil Application (CAN) No. 9706, 896 Of 2018 In C. Appeal From Order (FMA) No. 1088 Of 2015, 1323 Of 2016

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

8 paragraphs · 366 words

Pursuant to the order dated January 13, 2020 the Bank Manager of State Bank of India, Elgin Road Branch is personally present in Court today.

It is submitted by the said officer that the joint account was opened, to be operated by either of them and not the receiver's account, as the parties did not intimate that receiver's account is to be opened. There appears to be a difference in the version of the litigating joint receivers as one says that she was present in the Branch but did not see the other joint receiver whereas the other says that he was present in the chamber of the Branch Manager and did not see the other joint receiver.

Be that as it may, this impasse has to be cured and the stumble block is required to be removed for ends of justice. The Branch Manager is categorical and candid in his submission that that if there is a specific order of the Court for conversion of the present joint account into a receiver's account, there is no difficulty on his part to comply the same.

The joint receivers are personally present in Court today. They have communicated through their respective counsel that they would meet the Branch Manager who is also personally present in Court, tomorrow i.e. January 22, 2020 at 12.00 noon, in his chamber and shall produce all the relevant documents including the downloaded copy of this order from the official website of this Court so that the account may be converted into a receiver's account.

In view of the above, the Branch Manager, State Bank of India, Elgin Road Branch, is directed to convert the account number 35777249613 standing in the name of Saraswati Nandi and Tapan Kumar Das, into a receiver's account, which shall be operated by the joint receivers until further order of the Court.

Both the joint receivers and their respective companions, shall cooperate and assist the Branch Manager in complying the directions made hereinabove and shall maintain a congenial atmosphere thereat.

The personal appearance o the Branch Manager is dispensed with until further order.

The matter will appear in the list next week after completion of the entire exercise.