Tata Chemicals Limited vs M/S. Kshitish Bardhan Chunilal ...
2021 Latest Caselaw 1431 Cal/2

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                  ORDER SHEETIN THE HIGH COURT AT CALCUTTA
                           Civil Appellate Jurisdiction
                                 ORIGINAL SIDE

                                 APOT/78/2021
                                      With
                                IA No.GA/1/2021
                           TATA CHEMICALS LIMITED
                                       VS.
                 M/S. KSHITISH BARDHAN CHUNILAL NATH & ORS.

                                    APOT/79/2021
                                         With
                                  IA No. GA/1/2021
                              TATA CHEMICALS LIMITED
                                          VS.
                             ASHOK KUMAR SAHA & ANR.


     BEFORE:
  The Hon'ble JUSTICE SOUMEN SEN
                AND
  The Hon'ble JUSTICE SAUGATA BHATTACHARYYA
  Date: 16th November, 2021

                                                                                Appearance
                          Mr. Ratnanko Banerji, Sr. Advocate, Mr. Shaunak Mitra, Mr. Jaydeb
                                        Ghorai, Mr. Diptesh Ghorai, Advocates for appellant.

                                   Mr. Jishnu Chowdhury, Mr. Syed Nurul Arefin, Ms. Saswati
               Chatterjee, Mr. Rahul Singh, Advocates for respondent no.1 in APOT 79 of 2021.

The Court : The appeals and connected applications have been

assigned to this Bench. We have heard the learned Counsel appearing for

the parties.

Mr. Ratnanko Banerji, learned Senior Advocate representing the

appellant in both the matters have drawn our attention to an order passed

by a Coordinate Bench on 30th April, 2021 recording the undertaking of the

learned Counsel for the respondents to the extent that the respondents will

not alter the status quo of the properties which were the subject matter of

injunction that was vacated by the impugned judgment and order without

the leave of this Court till 31 st May, 2021 or until further order whichever

is earlier. This undertaking was extended further by an order dated 31 st

May, 2021 till 30th June, 2021. Thereafter these matters could not be taken

up for consideration and were released on 8 th October, 2021 and

subsequently assigned to this Bench.

We are inclined to extend the order of injunction recorded earlier by

the Coordinate Bench on 30th April, 2021 till 31st December, 2021 or until

further order whichever is earlier.

Learned Counsel for the parties, on instruction, submit that the

appeals can be disposed of on the basis of the documents available on

record.

In view thereof, the stay applications may be treated as paper books

and the service of notice of appeal be effected upon the non-appearing

respondents by the appellant. Filing of paper book is dispensed with. A

short synopsis along with the short notes shall be filed by the parties on or

before 24th November, 2021. Leave is granted to include papers left out in

the stay petition that have been relied upon by the parties before the

learned Single Judge.

The appeals shall be listed for hearing on 30th November, 2021.

( SOUMEN SEN, J.)

(SAUGATA BHATTACHARYYA, J.)

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