Company Limited (Omdc) vs Soumyendra Kishore Roy Choudhury ...
2022 Latest Caselaw 1401 Cal

22.03.2022
Sl. 2                 (Via Video Conference)
Ct.No. 03
Amalranjan
                IN THE HIGH COURT AT CALCUTTA
                 CIVIL APPELLATE JURISDICTION
                        APPELLATE SIDE

                   COMMERCIAL DIVISION

                         FAT/58/2022

               The Orissa Minerals Development
                  Company Limited (OMDC)
                             VS
             Soumyendra Kishore Roy Choudhury & Ors.

                           IA NO: CAN/1/2021

                Mr. Nemani Srinivas
                Mr. A. Banerjee
                Mr. Manoj Kumar Singh
                            ...for the appellant/judgment debtor

                Mr. Sanjib Mal
                Mr. Raja Xavier
                Mr. Saptarshi Kumar Mal
                                               ...for the respondents

Re: IA NO: CAN/1/2021

We admit this appeal. Provided the

appellant furnishes a bank guarantee of a

nationalised bank in favour of the learned

Registrar General of this court for Rs. 5 crores,

to secure the principal amount and part of the

interest, by 4th April, 2022, the execution of the

decree shall remain stayed. There shall be an

unconditional stay of the execution of the decree

till 4th April, 2022 or until further order,

whichever is earlier.

In default, the respondents will make a

short application before us for vacation of this

order of stay of the decree.

This order shall not prevent the appellant

from paying any admitted amount of the decree

to the respondents.

We expedite the hearing of the appeal by

dispensing with all formalities.

As the respondents are represented by

learned counsel, issuance and service of the

notice of the appeal are dispensed with.

The transmission of lower court records is

dispensed with for the time being. We shall only

call for them if and when required.

The advocate on record for the appellant is

to prepare and file the requisite number of

informal paper books by 18th April, 2022 serving

at least one copy thereof on the advocate on

record for the respondent not later than 5 days

before the date of hearing of the appeal.

All other formalities regarding preparation of

paper books are dispensed with.

The connected application is, accordingly,

disposed of.

List this appeal for hearing on 28th April,

2022.

( Aniruddha Roy,J. ) ( I. P. Mukerji,J. )