Tantia Construction Ltd vs M/S. D.D.Computers Pvt. Ltd
2022 Latest Caselaw 8650 Cal

22.12.2022 Sl. No.70.

Mithun.

Ct.No.42.

IA No: CRAN/4/2022 In CRR/168/2022

Tantia Construction Ltd.

Vs.

M/s. D.D.Computers Pvt. 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. )