Emporis Properties Pvt. Ltd vs Kailash Kumar Tibrewal & Ors
2023 Latest Caselaw 1599 Cal/2

                         IA No. GA 1 of 2023
                          APDT No. 14 2023
                                 with
                          CS No. 51 of 2021
                 IN THE HIGH COURT AT CALCUTTA
                          In appeal from its
               ORDINARY ORIGINAL CIVIL JURISDICTION
                  CIVIL APPELLATE JURISDICTION
                         (Commercial Bench)


                      Emporis Properties Pvt. Ltd.
                                Versus
                     Kailash Kumar Tibrewal & Ors.

Before:
The Hon'ble Justice I. P. MUKERJI
            And
The Hon'ble Justice BISWAROOP CHOWDHURY
Date: 17th July 2023
                                                                  Appearance:
                                             Mr. Siddhartha Mitra, Sr. Advocate
                                                   Mr. Raj Ratna Sen, Advocate
                                                      Mr. Ayan Dutta, Advocate
                                                 Mr. Pradip Sarawagi, Advocate
                                                              for the appellant
                                            Mr. Suddhasatva Banerjee, Advocate
                                                 Mr. Arinudh Agarwal, Advocate
                                                  Mr. Sashwat Nayak, Advocate
                                                     Ms. D. Mukherji, Advocate
                                                           for respondent no. 1

Mr. S. S. Sarkar, Advocate Mr. Deepak Jain, Advocate for respondent nos. 2 & 3

The Court: We admit the appeal.

Order in terms of prayer (a).

As the respondents are represented by learned advocates, we

dispense with the formalities regarding issuance and service of the notice

of appeal. All other formalities are also dispensed with.

Advocate-on-record for the appellant shall prepare and file an

informal paper book in this court by 11th August 2023, serving copies

thereof upon the advocates-on-record for the respondents at least 7 days

before the date of hearing of the appeal.

List the appeal for hearing on 21st August 2023, at the top.

This appeal challenges the judgment and order dated 14th June

2023.

In the suit a terms of settlement was sought to be put in by the

plaintiff and the defendant nos. 1 and 2, the respondents herein. The

appellant/defendant no. 3 objected to a decree being passed in

accordance with those terms on the ground that it affected their rights

and was not signed by them.

The court after considering the argument of the parties approved

the settlement as lawful and passed the said decree in terms thereof.

The respondents are the shareholders of the appellant company.

The respondent/plaintiff lent and advanced money to these

respondents/defendants. The settlement was between these parties by

transfer of shares of the respondents/defendants in favour of the

respondent/plaintiff which the appellant is unwilling to accept. The

appellant says that they have not signed the terms but were seen as

bound by them by the said respondents.

Mr. Banerjee raises the point of maintainability which is kept

open.

This question has to be gone into in the appeal.

As an interim order, we make it absolutely clear that this

judgment and decree dated 14th June 2023 or the terms of settlement

will not bind the appellant or compel them to perform any act under the

decree which they are unwilling to do.

The application (IA No. GA 1 of 2023) is disposed of.

As affidavits were not invited, the allegations contained in the

application are not admitted.

(I. P. MUKERJI, J.)

(BISWAROOP CHOWDHURY, J.)

R. Bose