MC 1421/2011 BEFORE THE HON’BLE MR. JUSTICE AMITAVA ROY THE HON’BLE MR. JUSTICE C.R. SARMA (Amitava Roy, J) Heard Mr. P.N. Goswami, learned counsel for the applicant, Ms. B. Goyal, learned State Counsel and Mr. M. Bhuyan, learned counsel for Reserve Bank of India (Opp osite Party No.5). In the application in hand, two prayers have been made as enumerated hereinbelow : a) Restrain the Union Cooperative Bank Ltd. from opening new branches of the Ba nk as contemplated in Resolution No.8 adopted by the BOD of the Bank in its meet ing dated 25.11.2010 as well as the decision to open up Boragaon Development Cen tre, Guwahati contained in the letter dated 07.02.2011, until disposal of the P IL and/or until obtaining of the banking license by the Bank as per Section 22 o f the Banking Regulation Act, 1949 and b) direct the Bureau of Investigation(Economic Offences), Assam to conduct inves tigation in connection with the BIEO P.S. Case No.7/2011 registered against the respondent Nos.6 to 11 and/or to pass such further or other order(s) as Your Lor dships may deem fit and proper. While reiterating that the accompanying PIL No.33/2010 had been initiated for ap propriate order(s) and/or directions of this Court to probe into the activitie s of the proposed Union Cooperative Bank Ltd., the applicant herein has averred that not only, the opposite party-bank is pursuing its banking activities witho ut the approval of the Reserve Bank of India in conformity with the Banking Regu lation Act, 1949, it had been endeavouring to reactivate its defunct 12 branches spread all over the State. On a resolution being taken to this effect by its B oard of Directors on 15.11.2010, the applicant had approached this Court with an interim application registered as Misc. Case No. 481/2011 seeking a restraint o rder. The learned counsel for the opposite party-bank however produced a letter being UCB/163/3971/2011 dated 08.03.2011 of its Managing Director alongwith an amendment to the aforementioned resolution to represent that steps for making the defunct branches functional are not in contemplation. Taking note of this s ubmission, this Court by order dated 09.03.2011 closed the miscellaneous case. The applicant now seeks to draw the attention of this Court to the letter No.UCB /13/2011 (3757-3758) dated 07.02.2011 of the Managing Director of the opposite p arty-bank to assert that though, in terms thereof, the exercise to reactivate th e Boargaon Development Centre is under way, this fact was withheld from this Cou rt and that steps are afoot to implement this decision. The applicant has furt her averred reciting the background of the registration of BIEO P.S. Case No.7/2 011 that an appropriate direction ought to be issued, so as to ensure early comp letion of investigation. Upon hearing the learned counsel for the parties and on a consideration of the p leaded facts and the documents annexed, we consider it essential to accede to th e prayers made keeping in view, in particular, the over all public interest invo lved. The opposite party-bank i.e. proposed Union Cooperative Bank Ltd. is here by restrained from reopening its Boragaon Development Centre without taking prio r leave of this Court. The Superintendent of Police, Bureau of Investigation (Ec onomic Offences), Assam would ensure that the investigation in BIEO P.S. Case No .7/2011 is pursued in accordance with law with necessary expedition. As the Superintendent of Police, Bureau of Investigation (Economic Offences), As sam has been impleaded as Respondent No.13 in PIL No.33/2010, he would amongst o thers submit a report before this Court on the next date fixed about the progres s of the investigation in this case. The miscellaneous case stands closed in the above terms. A copy of this order be furnished to the learned counsel for the parties present .