Jharkhand High Court
Electrosteel Steel Limited (Now ... vs Ispat Carriers Private Limited ... on 19 May, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
C. M. P. No. 376 of 2023
With
I.A. No. 4845 of 2023
Electrosteel Steel Limited (now M/s ESL Steel Limited), earlier
having registered office at G.K. Tower, 19, Camac Street, P.O.
Camac Street, P.S. Camac Street, District Kolkata-700017 (West
Bengal), and present registered office at Village Siyaljori, P.O.
Jogidih, P.S. Chandankiyari, O.P. Bangaria, District Bokaro - 828
303 (Jharkhand) through its Associate Officer - Raj Kumar Verma,
aged about 45 years, son of Late Rasdeo Prasad, resident of Shanti
Nagar, Joradih More, Chas, P.O. Chas, P.S. Chas, District Bokaro
... ... Petitioner
Versus
Ispat Carriers Private Limited through its Director Durga Yadav,
son of Late Jadhari Yadav, resident of G295/A, Ram Nagar Lane,
P.O. Garden Reach, P.S. Garden Reach, District Kolkata - 700 024
(West Bengal) ... ... Opp. Party/Decree Holder
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CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
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For the Petitioner : Mr. Indrajit Sinha, Advocate
: Mr. Bibhash Sinha, Advocate
For the Opp. Party : Mr. Atanu Banerjee, Advocate
: Mr. Rishi Pallava, Advocate
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05/19.05.2023
Learned counsel for the parties are present.
2. Learned counsel for the petitioner has submitted that I.A. No.
4845 of 2023 has been filed for modification of order dated
12.05.2023 wherein final argument in the CMP has been concluded
and the matter has been directed to be posted for judgment on
12.07.2023. There is a conditional stay upon deposit of entire
decreetal amount with up to date interest as per the award before the
executing court by 24.05.2023.
3. The learned counsel seeks permission and is permitted to insert
the aforesaid statement that the web site of the High Court is probably
under maintenance, in paragraph No. 6 of the interlocutory
application.
4. Learned counsel submits that they came to know about the
order on 18.05.2023 and they did not have access to the uploaded
order on account of the fact that the website of the High Court is
probably under maintenance.
5. The learned counsel has submitted that the time is too short for
the petitioner to deposit the decreetal amount and therefore time may
be extended. He has submitted that though a prayer for six weeks has
been mentioned in the interlocutory application but he would be
satisfied if three weeks extension is granted. He submits that this is
without prejudice to the right of the petitioner to take appropriate steps
in connection with the aforesaid order dated 12.05.2023.
6. The learned counsel for the respondents has submitted that the
I.A. No. 4845 of 2023 has been served upon him today itself at 10.15
A.M. and no counter affidavit could be filed and in such
circumstances he has opposed the prayer of the petitioner. He submits
that he has no instruction to give any consent to the prayer made by
the petitioner.
7. From the records of this case, the order dated 12.05.2023 has
been shown to have been uploaded on 17.05.2023 and it has been
informed at Bar that official web site of the High Court is not
functioning properly. In fact, a copy of the order was handed over to
the counsel for the petitioner upon his request being made to this court
on 18.05.2023 and the time for deposit of the decretal amount before
the executing court has been granted till 24.05.2023. In such
circumstances this court is inclined to extend the time to deposit the
amount in terms of paragraph 29 of the order dated 12.05.2023 which
is hereby extended till 03.06.2023.
8. It is made clear that the petitioner has reserved their right to
take steps in connection with the order dated 12.05.2023 in
accordance with law.
9. I.A. No. 4845 of 2023 stands disposed of.
10. Learned court master is directed to forward a soft copy of this
order to the learned counsel for the parties at the following e.mail.i.d
[email protected], [email protected] and
[email protected]
(Anubha Rawat Choudhary, J.)
Binit
