M/S. Grobest Feeds Corporation (India) ... vs M/S. Bakyashwri Sea Food Pvt. Ltd. & Ors
2024 Latest Caselaw 294 Cal/2

Calcutta High Court

M/S. Grobest Feeds Corporation (India) ... vs M/S. Bakyashwri Sea Food Pvt. Ltd. & Ors on 29 January, 2024

Author: I. P. Mukerji

Bench: I. P. Mukerji

                          IA No. GA 2 of 2023
                          APO No. 195 of 2023
                                  with
                           CS No. 133 of 2023
                  IN THE HIGH COURT AT CALCUTTA
                            In appeal from its
                ORDINARY ORIGINAL CIVIL JURISDICTION
                   CIVIL APPELLATE JURISDICTION
                         (Commercial Division)



              M/s. Grobest Feeds Corporation (India) Pvt. Ltd.
                                 Versus
                M/s. Bakyashwri Sea Food Pvt. Ltd. & Ors.



Before:
The Hon'ble Justice I. P. MUKERJI
            And
The Hon'ble Justice BISWAROOP CHOWDHURY
Date: 29th January 2024

                                                           Appearance:
                              Mr. Ajay Krishna Chatterjee, Sr. Advocate
                                            Mr. Debdatta Sen, Advocate
                             Ms. Suchismita Ghosh Chatterjee, Advocate
                                         Ms. Ledia Dasgupta, Advocate
                                                   for respondent no. 1

Ms. Amrita Panja Moulick, Advocate for respondent nos. 5,16,18,19 & 20 Mr. Altamash Alim, Advocate Mr. Sumit Mandal, Advocate for respondent nos. 23,26,27,38 & 39

The Court: By our order dated 18th October 2023 we admitted

the appeal.

We directed the stay application to appear in the list on 12th

December 2023 after exchange of affidavits. The impugned judgment

and order was modified to the extent that the appellant would be

entitled to operate its bank accounts without the obligation of

maintaining any balance but on the condition that the monthly

withdrawal from the accounts for the month of October, 2023

onwards shall not exceed the average monthly withdrawal from

those bank accounts over the last 12 months, till 21st December

2023 or until further orders whichever was earlier. The appellant

was not to prosecute any criminal proceedings under section 138 of

the Negotiable Instrument Act, 1882.

Subsequently on 8th January 2024 affidavits filed by the

parties were accepted as noted in the said order and certain

directions were made on the advocate-on-record for the

appellant/petitioner to effect service on the respondents named in

the said order. The appeal and the stay application were directed to

be listed today.

Although the appellant was represented on both the earlier

occasions, they are not represented today. No accommodation is

sought.

In those circumstances, on the prayer of Mr. Ajay Krishna

Chatterjee, learned senior advocate appearing for the respondent

no.1 we are inclined to dismiss this appeal with a direction that the

interlocutory application may be heard out.

However, in the facts and circumstances of the case, let the

interim order made on 8th January 2024 continue till the disposal of

the interlocutory application or until further orders whichever is

earlier.

The appeal (APO No. 195 of 2023) and the stay application

(IA No. GA 2 of 2023) are disposed of.

(I. P. MUKERJI, J.)

(BISWAROOP CHOWDHURY, J.)

R. Bose