Apl Metals Ltd vs Mountview Tracom Llp And Ors
2022 Latest Caselaw 665 Cal/2

ODC-1



                  IN THE HIGH COURT AT CALCUTTA
                   CIVIL APPELLATE JURISDICTION
                         (Commercial Division)
                            ORIGINAL SIDE


                               LPA No.1 of 2022
                                     With
                                  AP/4/2022
                              IA No. GA/1/2022
                               GA No. 2 of 2022

                         APL METALS LTD
                              Versus
                  MOUNTVIEW TRACOM LLP AND ORS



  Before:
  The Hon'ble Justice I. P. MUKERJI
              And
  The Hon'ble Justice ANIRUDDHA ROY
  Date : 24th February, 2022.
  (via Video Conference)


                                                                  Appearance:
                                                  Mr. Ahin Choudhuri, Sr. Adv.
                                                        Mr. Gopal Pahari, Adv.
                                                       Ms. Mandeep Kaur, Adv.

                                                   Mr. Abhrajit Mitra, Sr.   Adv.
                                                  Mr. Jishnu Chowdhury,      Adv.
                                                      Ms. Radhika Singh,     Adv.
                                                      Mr. Chayan Gupta,      Adv.
                                                     ...for the respondent     no.1

The Court: We admit the appeal from the judgment and order

dated 7th February, 2022 passed by a learned single judge of this court,

inter alia, holding that the security proposed to be furnished by the

award-debtor for stay of the impugned order was inappropriate and

directing them to furnish a bank guarantee for Rs.7.93 crores to the

satisfaction of the learned Registrar, Original Side within two weeks of

the date of the said order.

This admission of appeal is subject to the question of

maintainability raised by Mr. Abhrajit Mitra, learned senior advocate,

appearing for the respondents. He says that the impugned judgment

and order is not appealable.

We propose to hear out the appeal first on the question of

maintainability and then on other grounds, if it is held to be

maintainable, as expeditiously as possible, dispensing with all

formalities.

As the respondents are represented by learned counsel,

issuance and service of the notice of appeal are dispensed with.

Learned advocate on record for the appellant is directed to file

an informal paper book by 10th March, 2022 serving a copy thereof upon

learned advocate on record for the respondents, not less than seven

days before the date of hearing of the appeal.

List this appeal for hearing on 21st March, 2022.

The stay application (IA No.GA/1/2022) is disposed of.

As we have not invited affidavits, any allegation made therein

is deemed not to have been admitted.

(I. P. MUKERJI, J.)

(ANIRUDDHA ROY, J.)

cs.