Damodar Valley Corporation vs National Energy Trading And ...
2022 Latest Caselaw 4266 Cal

15.07.2022
 Ct. No. 32
  rpan/02

                                FAT 427 of 2019
                                        +
                           IA No.: CAN 1 of 2021 [Sec. 5]
                                       and
                               CAN 2 of 2021 [Stay]

                         Damodar Valley Corporation
                                  - Vs -
                   National Energy Trading and Services Ltd.


                       Mr. Joydip Kar,
                       Mr. Subir Pal
                                .... for the Appellant.

                       Mr. Suryaneel Das,
                       Mr. Aditya Mondal
                                      ..... for the Respondent.

The present appeal has been preferred

challenging a judgment and decree dated 28th January,

2019 passed by the learned Civil Judge (Senior

Division), Small Causes Court, Sealdah, District - South

24-Parganas in Money Suit No.23 of 2018. In

connection with the present appeal, an application for

condonation of delay, being CAN 1 of 2021 and an

application for stay, being CAN 2 of 2021 have been

preferred.

Upon hearing Mr. Kar, learned senior advocate

appearing for the appellant and Mr. Das, learned

advocate appearing for the respondent and considering

the averments made in the application for condonation

of delay, we are satisfied with the explanation given

towards the delay in preferring the present appeal.

In view thereof, the delay of 104 days in preferring

the present appeal is condoned and the application for

condonation of delay, being IA No. CAN 1 of 2021, is

disposed of.

Prima facie, an arguable case has been made out

by the appellant and refusal of interim order, as prayed

for, may cause serious prejudice to the appellant. The

decretal amount with interest up to 15 th July, 2022, as

calculated, is Rs.2,76,62,003.64/-.

There shall be an unconditional stay of all further

proceedings in Execution Case No.1 of 2021 pending

before the learned Civil Judge (Senior Division), Small

Causes Court, Sealdah, District - South 24-Parganas for

a period of four weeks from date.

In the meantime, the appellant shall deposit the

amount of Rs.2,76,62,000/- (Rupees two crores, seventy

six lakhs, sixty two thousand) with the learned Registrar

General, High Court, Calcutta.

In the event the said amount is deposited, the

learned Registrar General shall invest the said sum in a

suitable interest bearing fixed deposit in any

nationalized Bank of his choice to be renewed from time

to time till disposal of the appeal.

In the event the said amount is deposited within

the aforesaid period, the order of stay shall continue till

the disposal of the appeal.

In default, the respondent would be at liberty to

proceed with the execution proceeding.

The application for stay, being IA No. CAN 2 of

2021 is, accordingly, disposed of.

As Mr. Das, learned advocate has entered

appearance on behalf of the respondent, service of

notice of appeal upon the said respondent is dispensed

with.

Lower Court records be called for through Special

Messenger at the cost of the appellant. Such cost shall

be deposited within two weeks from date.

Immediately after arrival of the Lower Court

Records, the department shall examine the same and, if

found complete shall issue notice of arrival of Lower

Court Records to the learned advocates appearing for

the appellant and the respondent herein.

The appellant shall, thereafter, take steps to have

the paper books prepared through the department,

within six weeks from the date of service of notice of

arrival of Lower Court Records.

Liberty to mention.

Urgent photostat certified copy of this order, if

applied for, be supplied to the parties, upon compliance

of all requisite formalities.

(Raja Basu Chowdhury, J.) (Tapabrata Chakraborty, J.)