Calcutta High Court
Wpil Ltd & Ors vs Asit Kumar Palit & Anr on 5 August, 2009
Author: Pinaki Chandra Ghose
Bench: Pinaki Chandra Ghose
1
APDT No. 9 of 2009
G.A.No.2040 of 2009
C.S.No.69 of 2005
IN THE HIGH COURT AT CALCUTTA
Civil Appellate Jurisdiction
ORIGINAL SIDE
WPIL LTD & ORS .. Appellants
Versus
ASIT KUMAR PALIT & ANR .. Respondents
For Appellants: Mr.S.N.Mookherji, Sr.Adv. Mr.R.Banerji, Mr.T.Aich,Adv For Respondents : Mr.Jayanta Kr.Mitra, Sr.Adv.Mr.Arijit Banerji, Adv.
Mr.R.L. Mitra, Adv.
BEFORE:
The Hon'ble JUSTICE PINAKI CHANDRA GHOSE The Hon'ble JUSTICE I. P. MUKERJI Date : 5th August, 2009.
The Court : There will be an order in terms of prayer (a) of the petition. The claim of the respondent is for monthly pension at the rate of about Rs.30,000/- for the period mentioned in the order already passed by the Hon'ble First Court and the appellant has brought a cheque for Rs.3,39,720/- bearing No. 206712 dated 4th August, 2009 drawn on State Bank of India/Pay order being admitted unpaid pension for the said period. The respondent shall be at liberty to accept the said cheque without prejudice to his rights and contentions in the appeal in question. It is recorded that the cheque produced before this Court is made over to the Advocate-on-Record of the respondent.
It appears that though the bank guarantee furnished by the appellants in terms of the earlier order passed by this Court in 2006 had been expired, no leave was obtained from the Court for furnishing such bank guarantee. In 2 view of that, we grant leave to the appellants to furnish such bank guarantee of Rs.10,77,640/- forthwith and shall renew the same from time to time until further orders of this Court.
Since a decree has already been passed in this matter, we further direct the appellants to furnish a further bank guarantee to the tune of Rs.6,00,000/- in favour of the Registrar, Original Side, High Court, Calcutta. Such bank guarantee should be furnished within a period of five weeks from date to the credit of the present appeal.
We, therefore, subject to above, stay the decree dated 26th June, 2009 passed against the appellants until disposal of the appeal. The application is thus disposed of on the above terms. Since no affidavit has been filed, allegations made in the petition are not admitted.
The appellant shall file requisite numbers of informal paper book within three weeks from date. Let the appeal appear in the list four weeks hence.
Since the respondent is appearing, service of notice of appeal is waived. All other formalities are dispensed with.
All parties concerned are to act on a xerox signed copy of the minutes of this order on the usual undertakings.
Urgent xerox certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(PINAKI CHANDRA GHOSE, J.)
(I. P. MUKERJI, J.)
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