Vulkan Technologies Pvt. Ltd vs Esbi Hi-Flex Pvt. Ltd. & Ors
2021 Latest Caselaw 285 Cal/2

                       I. A No. GA 3 of 2021
                                with
                       APD No. 505 of 2015
                        CS No. 179 of 2008
                IN THE HIGH COURT AT CALCUTTA
                          In appeal from its
           TESTAMENTARY AND INTESTATE JURISDICTION
                 CIVIL APPELLATE JURISDICTION


                       Vulkan Technologies Pvt. Ltd.
                                  Versus
                       ESBI Hi-Flex Pvt. Ltd. & Ors.



Before:
The Hon'ble Justice I. P. MUKERJI
            And
The Hon'ble Justice MD. NIZAMUDDIN
Date: 11th March 2021

                                                             Appearance:
                                             Mr. Rupak Ghosh, Advocate
                                                Mr. Pranit Bag, Advocate
                                               Mr. Tapas Saha, Advocate
                                        Mr. Subhamay Dewanji, Advocate
                                               Mr. Diprav Deb, Advocate
                                                        for the applicant

    The Court: An affidavit of service is on record.

    Mr. Ghosh submits that this application was sought to be served on

the respondents at the address recorded in the proceedings. The postal

remark received was to the effect that the addressee had "moved" from

the premises. The advocate-on-record for the respondents is also out of

reach, as submitted.

By its order dated 10th May 2016 the Supreme Court had directed

the appellant (the respondent before that Court) as follows:

""In view of that, as suggested before us by the learned Senior counsel appearing for the respondent - 50% of the decretal amount shall be furnished to the Registrar, Original Side, Calcutta High Court by way of a Bank Guarantee and remaining 50% of the amount shall be given as a security to the satisfaction of the Registrar, Original Side, Calcutta High Court, within a period of four weeks from today, to the credit of the appeal."

Rest of the order dated 6-5-2016 shall remain unchanged."

By our judgment and order dated 5th July 2019 we set aside the

impugned decree dated 30th September 2015, allowed the appeal and

remanded the suit to the trial court.

The above security was provided by the appellant as a condition for

preferment of the appeal. Now that the appeal has been allowed and the

suit remanded to the first court, the appellant is entitled to return of the

security.

In those circumstances, we allow this application in terms of prayer

(a) of the petition.

Since the respondents have not appeared before us, we direct that

the Registrar, Original Side shall issue a notice to them about release of

the bank guarantee and shall release the same after a period of two

weeks from the date of issuance of the notice.

(I. P. MUKERJI, J.)

(MD. NIZAMUDDIN, J.)

R. Bose