Vinayak Mica Export Company And ... vs Kunal Finance And Credit Private ...
2023 Latest Caselaw 2687 Cal/2

ODC-2
                   IN THE HIGH COURT AT CALCUTTA
                           In appeal from its
                ORDINARY ORIGINAL CIVIL JURISDICTION
                    CIVIL APPELLATE JURISDICTION
                       (COMMERCIAL DIVISION)




                           APOT/321/2023
                                WITH
                              CS/4/2020
                          IA NO. GA/1/2023
               VINAYAK MICA EXPORT COMPANY AND ORS.
                                 Vs
              KUNAL FINANCE AND CREDIT PRIVATE LIMITED




Before:
The Hon'ble Justice I. P. MUKERJI
And
The Hon'ble Justice BISWAROOP CHOWDHURY
Date: 25th September, 2023.



                                                               Appearance:
                                               Mr. Krishna Raj Thaker, Adv.
                                                      Ms. Aasia Hasan, Adv.

                                                    Mr. Rupak Ghosh, Adv.
                                                        Mr. S. Sarkar, Adv.
                                                   Mr. Aditya Kanodia, Adv.
                                                    Mr. Shayak Mitra, Adv.



     The Court: This is an appeal from a judgment and order dated 14th

July, 2023, passed by a learned Single Judge of this Court in its commercial

division in an interim application.    By the said judgment and order,

conditional leave was given to the appellants/defendants to defend the suit

only upon depositing a sum of Rs.1,22,34,027/- with the Registrar, Original

Side within two weeks from the date of the said order. Incidental directions

were given directing the Registrar to deposit the money received in a short
                                       2




term deposit with the State Bank of India, Kolkata High Court Special

Branch.

      The preliminary point of objection taken by Mr. Rupak Ghosh, learned

advocate appearing for the respondent, that the impugned judgment and

order dated 14th July, 2023 is not appealable under section 13 of the

Commercial Courts Act, 2015 succeeds as the said section does not provide

for any appeal from an order directing a party to furnish security.

Hence, we are unable to admit the appeal. The appeal and the

connected stay application are dismissed. We make it clear that we have

not gone into the merits of the matter which are kept open.

Since in our opinion the appellants have approached this Court with

the honest belief that an appeal lay from the impugned judgment and

order, we observe and direct that reasonable time has to be given to the

appellants to challenge the impugned judgment and order in an appropriate

jurisdiction, if such right is vested with them. For this reason, the suit

which is posted for trial on 28th September, 2023 may be listed on that date

but is to be adjourned to be included in the monthly list of December, 2023.

(I.P. MUKERJI, J.)

(BISWAROOP CHOWDHURY, J.) tk