Anchor Investments Pvt Ltd vs Tci Finance Ltd
2021 Latest Caselaw 431 Cal/2

OD-9
                             ORDER SHEET
                           IA NO. GA/2/2019
                        (Old No: GA/2406/2019)
                            In CS/133/2019
                  IN THE HIGH COURT AT CALCUTTA
                   Ordinary Original Civil Jurisdiction
                             ORIGINAL SIDE


                     ANCHOR INVESTMENTS PVT LTD
                                 Vs
                          TCI FINANCE LTD


BEFORE:
The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA
Date : 24TH JUNE, 2021.

                                                                  Appearance :
                                                          Mr. Nichay Mall, Adv.
                                                              ...For the Plaintiff

                                                   Mr. Jishnu Chwodhury, Adv.
                                                              Mr. A. Basu, Adv.
                                                         Mr. N. K. Pandey, Adv.
                                                            Mr. A. Sarkar, Adv.
                                                             For the defendant

       The Court : This is an application filed by the plaintiff under

Chapter XIII A of the Original Side Rules of this Court for final judgment

and decree for a sum of Rs.83,46,507/- against the defendant. The

advocate-on-record    of   the   plaintiff/petitioner   submits    that     the

application may be proceeded with despite an order passed by the

Supreme Court on 17th December, 2020.

       Learned Counsel appearing for the respondent submits that the

order of the Supreme Court was passed on a SLP filed by the respondent

from a Division Bench order of this Court by which the appeal filed by

the respondent was held to have become infructuous.

Learned Counsel also submits that the matter is due to appear

before the Supreme Court on 8th July, 2021.

Upon perusing the order dated 17th December, 2020 passed by the

Supreme Court, the direction is in the following terms:

"We direct that the Single Judge may not finally decide the Original

Suit No.133/2019 till the next date of hearing."

Since the prayer in the present application, as would appear in the

Master's Summons, is in the nature of a final judgment and decree and

further since the Supreme Court is due to hear the matter on 8th July,

2021, this Court is not inclined to hear this application.

Let the application go out of the list with liberty to mention.

(MOUSHUMI BHATTACHARYA, J.) S.De