Laxmi Pat Surana vs Pantaloon Retail India Ltd. & Ors
2021 Latest Caselaw 1480 Cal/2

OD 8

                             ORDER SHEET
                              EC/457/2018
                    IN THE HIGH COURT AT CALCUTTA
                  ORDINARY ORIGINAL CIVIL JURISDICTION
                             ORIGINAL SIDE


                           LAXMI PAT SURANA
                                 Versus
                    PANTALOON RETAIL INDIA LTD. & ORS.



  BEFORE:
  The Hon'ble JUSTICE SHEKHAR B. SARAF

Date: 24th November, 2021.

(Via Video Conference)

Appearance:

Mr. Laxmi Pat Surana, Adv.

...for the petitioner (in person)

Mr. Arindam Guha, Adv.

Mr. Debnath Ghosh, Adv.

Ms. Adreeka Pandey, Adv.

...for the judgment debtor nos.1 & 4

Mr. Rishad Medora, Adv.

Ms. Pooja Chakrabarti, Adv.

Ms. Radhika Misra, Adv.

...for the judgment debtor nos.2 & 3

The Court: Mr. Medora, counsel appearing on behalf of the judgment-

debtor nos.2 and 3 submits that by an order dated September 29, 2021,

direction had been given to his client to file a fresh bank guarantee for a sum of

Rs.6.5 crores. He submits that the earlier bank guarantee has been renewed and

the same may be accepted by the department.

In light of the above submissions, department is directed to accept the

renewed bank guarantee for a sum of Rs.6.5 crores.

Mr. Debnath Ghosh, counsel appearing on behalf of the judgment-debtor

nos.1 and 4 submits that he may also be allowed to renew his bank guarantee for

a sum of Rs.5.5 crores that is expiring on 30 th November, 2021. Mr. Ghosh prays

for some accommodation with respect to the timeframe for filing of the renewed

bank guarantee.

In light of the above submissions, Mr. Ghosh's client is directed to renew

the bank guarantee by December 10, 2021.

The petitioner appearing in person submits that the execution application

was filed in the year 2018 and the award is of the year 2016. He, accordingly,

submits that a huge amount of interest as per the award has now accrued and

the said sum should also be secured by the judgment-debtors.

In my view, the petitioner is required to file a formal application to obtain

orders on the prayers made above.

He shall be at liberty to do so.

(SHEKHAR B. SARAF, J.) B.Pal