Delta International Ltd vs Mallika Investment Co. Pvt. Ltd
2023 Latest Caselaw 3244 Cal

08.05.2023
 rpan/09
                             FAT 19 of 2023
                                     +
                           IA No.: CAN 1 of 2023
                         Delta International Ltd.
                                - Versus -
                     Mallika Investment Co. Pvt. Ltd.

                   Mr. Somnath Ganguli,
                   Mr. Sukalpa Seal,
                   Mr. Bhaskar Sengupta,
                   Ms. Priyamvada Singh
                                   ... for the Appellant.
                   Mr. Sattik Rout,
                   Mr. Rajarshi Dutta,
                   Mr. Sarbajit Mukherjee,
                   Mr. Sayantan Bose
                             ... for the Respondent.

IA No.: CAN 1 of 2023 [Stay]

This application has been taken out praying for an

order of stay .

Mr. Ganguli, learned advocate appearing for the

appellant/applicant submits that the appellant has filed the

appeal against the impugned judgment and decree on 2 nd

September, 2023 and the decree holder has filed an

execution case vide Title Execution Case no.65 of 2022 and

appellant has raised some serious questions of law and fact

which require decision on merits and according to Mr.

Ganguly, unless and until operation of the impugned

judgment and decree is stayed or all proceedings of Title

Execution Case no.65 of 2022 are stayed, the appellant

shall suffer irreversible loss and injury.

Mr. Mukherjee, learned advocate appearing for the

sole respondent denies and disputes such contention.

Heard the learned advocates appearing for the

respective parties and considered the materials on record

placed before us.

Prima facie, an arguable case has been made out in

the present appeal and unless the interim order, as prayed

for, is granted, the appellant/applicant would be highly

prejudiced.

Hence, we are of the view that all the further

proceedings of Title Execution Case no. 65 of 2022 should

be stayed but the appellant/applicant should be put on

terms.

In view thereof, there shall be an unconditional stay

of all the further proceedings of Title Execution Case no.65

of 2022 for a period of four weeks from date.

In the meantime, the appellant/applicant shall

deposit the decretal amount, being Rs.5,17,000/- with the

learned Registrar General, High Court, Calcutta. If such

amount is secured with Registrar General, High Court,

Calcutta, such amount shall be kept in short term interest

bearing scheme and the same shall be renewed from time to

time till disposal of the appeal.

If such amount is secured with the learned Registrar

General within the time as stipulated, the interim order

shall continue till disposal of the appeal failing which the

interim order shall stand vacated automatically without

any further reference to this court.

The application for stay, being CAN 1 of 2023 is

disposed of.

Let the hearing of the appeal be expedited.

As Mr. Rout, learned advocate, has entered

appearance on behalf of the sole respondent, service of

notice of appeal upon him is dispensed with.

Lower court records be called for through Special

Messenger at the cost of the appellant. Such cost shall be

deposited by appellant within two weeks.

Immediately, after arrival of lower court records, the

office 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 sole

respondent.

The appellant is directed to prepare requisite number

of informal paper books - printed, typewritten or

cyclostyled, as the case may be, out of Court and shall file

the same within four weeks from the date of service of

notice of arrival of lower court records.

All formalities regarding preparation of paper books

are dispensed with but the learned advocate for the

appellant is directed to incorporate all the relevant

documents in the informal paper books.

Liberty to mention.

Urgent photostat certified copy of this order, if

applied for, be supplied to the parties, upon compliance of

all requisite formalities.

(Partha Sarathi Chatterjee, J.) (Tapabrata Chakraborty, J.)