The Tribunal then passed an interim order of injunction on 30.4.98 as follows In the meantime, the respondents 1, 2 and 3 are restrained from recovering any money from M s Braitewaite and Co. Ltd., till disposal of the interim matter.
The Bank has filed this appeal.
By that order passed under Article 227 of the Constitution of India, the High Court set aside the order dated 30.4.98 passed by the Presiding Officer, Debts Recovery Tribunal, Calcutta under the Recovery of Debts due to Banks and Financial Institutions Act, Act No.51 of 1993 hereinafter called the Act .
Pending the case, the Bank applied on 29.3.97 seeking temporary injunction restraining the respondents from taking any monies or sums from M s. Braitewaite and Co. When the advance companyy of the IA was sought to be served on the learned companynsel for respondents, the same was refused.
The Allahabad Bank, Calcutta has filed this appeal against the order of the Calcutta High Court dated 19.6.98 in C.O. 1238/98.
JAGANNADHA RAO,J. Leave granted.
pa The facts of the case are that the Bank filed a suit under Section 19 1 of the Act before the Tribunal on 27.3.97 for recovery of monies in a sum of Rs.46.54 lakhs and odd from respondents 1 to 3 and for other reliefs.
