Eastern Railways vs M/S. Veekay General Industries
2024 Latest Caselaw 2780 Cal/2

Calcutta High Court

Eastern Railways vs M/S. Veekay General Industries on 2 September, 2024

Author: I. P. Mukerji

Bench: I. P. Mukerji

                     IA No: GA-Com 2 of 2024
                        APDT No. 17 of 2024
                                with
                         CS No. 159 of 2019
                IN THE HIGH COURT AT CALCUTTA
                          In appeal from its
              ORDINARY ORIGINAL CIVIL JURISDICTION
                 CIVIL APPELLATE JURISDICTION
                       (Commercial Division)



                        Eastern Railways
                             Versus
                  M/s. Veekay General Industries




Before:
The Hon'ble Justice I. P. MUKERJI
            And
The Hon'ble Justice PARTHA SARATHI SEN
Date: 2nd September 2024


                                                            Appearance:
                                        Mr. Bipul Kr. Mandal, Advocate
                                        Ms. Debjani Ghoshal, Advocate
                                                       for the appellant

                                              Mr. Sakya Sen, Advocate
                                              Mr. Arnab Das, Advocate
                                         Ms. Akansha Yadav, Advocate
                                                   for respondent no.1

Mr. Sourojit Dasgupta, Advocate Mr. Vishwarup Acharyya, Advocate appear

The Court: Order in terms of prayer (a) of the stay petition

with all the usual undertakings.

We formally admit the appeal.

It is from a judgment and decree dated 17th October 2023

passed by a learned single judge. The operative part of the decree is

as follows:

"... ... ... ... ...

In view of the above, the defendant is directed to return the amount of Rs. 1,74,40,566/-. The amount of Rs. 63,77,229/- shall carry interest @18% per annum with effect from 25th August, 2015 and Rs. 1,10,63,335/- shall carry interest @18% per annum with effect from 23rd March 2017 till the realization of the said amount.

21. CS 159 of 2019 is thus disposed of. Decree will be drawn accordingly."

We order unconditional stay of the decree till 20th September

2024.

By that date the appellant/railway authority shall furnish a

bank guarantee for Rs.4 crores issued by a nationalised bank with

the Registrar, Original Side of this court as security for the decretal

amount, pending the appeal.

If such security is furnished the order of stay shall continue

till the disposal of the appeal or until further orders whichever is

earlier.

If such bank guarantee is not furnished the Registrar,

Original Side shall issue a certificate to that effect. In that event, the

order of stay shall stand vacated and the respondent decree-holder

shall be at liberty to proceed with the execution of the decree.

We expedite hearing of the appeal.

As the respondent is represented by learned counsel,

issuance and service of the notice of appeal are dispensed with. All

other formalities are dispensed with.

Advocate-on-record for the appellant is directed to prepare

and file an informal paper book before this court by 8th November

2024, serving a copy thereof on the advocate-on-record for the

respondent at least seven days before the date of hearing of the

appeal.

List the appeal for hearing on 20th November 2024.

The stay application (IA No: GA 2 of 2024) is disposed of.

As no affidavits were invited, the allegations contained in the

stay application are deemed to have been not admitted.

(I. P. MUKERJI, J.)

(PARTHA SARATHI SEN, J.)

R. Bose