Citation : 2022 Latest Caselaw 8649 Cal
Judgement Date : 22 December, 2022
22.12.2022 Sl. No.71.
Mithun.
Ct.No.42.
IA No: CRAN/4/2022, CRAN/5/2022 In CRR/169/2022
Tantia Construction Ltd.
Vs.
Titec Finance Ltd.
Mr. Swatarup Banerjee, Adv. Mr. Avishek Guha, Adv.
Sk. Sariful Haque, Adv.
Mrs.Debarati Das, Adv.
Ms. Akansha Chopra, Adv.
...for the petitioner.
Mr. Pawan Kumar Gupta, Adv.
Mr. Soma Chakraborty, Adv.
Mr. Sarda Sha, Adv.
Ms. Sofia Nesar, Adv.
Mr. Santanu Sett, Adv.
...for the opposite party.
Affidavit of service be kept with the record.
This is an application for extension of interim order.
It is submitted on behalf of the private opposite party that
this Court initially granted stay of further proceedings against the
Company only on the basis of the judgment of the Hon'ble
Supreme Court in P.Mohanraj's case reported in (2021) 6 SCC
258.
However, problem remains that showing order of stay
passed by this Court entire criminal poceeding in the lower court
is sought to be stayed. Learned Advocate for the petitioner
concurs with the submissions made by the learned Advocate for
the opposite party that the criminal proceeding pending in the
Trial Court was stay as against the Company/accused No.1.
Therefore, it is made clear that interim order of stay be
extended as against the Company till 28th February, 2023.
However, this order will not restrain the learned Magistrate
to proceed with the case pending before him as against the
accused persons other than the Company/accused No.1/ juristic
person.
With the above order, the instant application is, thus,
disposed of.
(Bibek Chaudhuri, J. )
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