Ct vs 7 Jai Balaji Industries Limited
2022 Latest Caselaw 6686 Cal

ML 16.09. C.O. 2110 of 2022 142 2022 AG M/R The Orissa Minerals KB Development Company Limited Ct Vs 07 Jai Balaji Industries Limited

Sri. Kamal Kumar Chattopadhyay, Mr. Debdeep Sinha, ... For the petitioner.

Rejection of a prayer for stay as proposed for by

the petitioner/judgment-debtor is under challenge in

this revisional application.

Crores of money as granted in the award have

been sought to be executed by the award-holder.

The core issue raised in this case needs to be

addressed in presence of the opposite party.

As per submission disclosed by the petitioner that

an appeal has been preferred against dismissal of order

under Section 34 of the CPC, and that appeal is

pending before this Court.

In a situation like this, the Court is not inclined to

grant any interim protection so as to stall the execution

proceeding.

However, petitioner is free to take appropriate

relief from the pending appeal, if there be any.

Petitioner is directed to serve the copy of the

application upon the opposite party and his learned

advocate appearing in the Court below, by speed post

with A/D, and furnish affidavit of service on the next

returnable date.

List the matter three weeks after Puja vacation of

this Court.

(Subhasis Dasgupta, J)