26.03.2025 Item No.3 Ct. No.01 RP/SM MAT 316 of 2025 with CAN/1/2025 State Bank of India and Ors. Vs. Hanif Ali Mondal and Ors. Mr. Debashis Saha, Adv. ….For the S.B.I. Mr. Biswarup Biswas, Adv. Mr. Tanmoy Mukherjee, Adv. Ms. Nupur Chaudhuri, Adv. ….For the Private Respondent Mr. Debnarayan Patra, Adv. Mr. Debasish Bhattacharya, Adv. ….For the State-Respondent 1. This intra-court appeal at the instance of the State Bank of India is directed against an interim order dated 27th January, 2025, in WPA No.29835 of 2024. We have heard the learned advocates for the parties and perused the reasons assigned by the learned Single Bench for passing the interim order. We find that the exercise of discretion by the learned Single Bench cannot be followed. The grievance of the appellant-bank is that certain observations made in the impugned order have the colour of a final order in the writ petition itself. The appellant need not have any such apprehension as the settled legal principle is that whatever observations are made in the interim order are subject to final result of the writ petition, at 2 best it can be taken as prima facie observations. Therefore, the proper course to be adopted by the appellant-bank is to file affidavit-in-opposition and place their stand before the learned Single Bench and seek for appropriate direction. 2. The learned advocate for the appellant submitted that direction has not been issued to the bank to file their affidavit, in the light of the same, while declining to interfere with the impugned order, we dispose of this appeal by directing the appellant- bank to file their affidavit-in-opposition within two weeks and reply, if any, within a week thereafter. Let the writ petition be listed before the learned Single Bench having determination in the week commencing from 21st April, 2025. 3. It is made clear that the court has not gone into the allegations made by the appellant-bank against the writ petitioner and all points can be urged in the pending writ petition. 4. With the aforesaid directions, the appeal along with the application is disposed of. 5. [T.S. SIVAGNANAM] CHIEF JUSTICE [CHAITALI CHATTERJEE (DAS), J.]