Calcutta High Court
W. Newman & Co. Ltd vs Apollo Zipper India Ltd. & Anr on 28 February, 2017
Author: Biswanath Somadder
Bench: Biswanath Somadder
ORDER SHEET
APD No. 510 of 2015 with
CS No. 201 of 2012
IN THE HIGH COURT AT CALCUTTA
Civil Appellate Jurisdiction
ORIGINAL SIDE
W. NEWMAN & CO. LTD.
Versus
APOLLO ZIPPER INDIA LTD. & ANR.
BEFORE:
The Hon'ble JUSTICE BISWANATH SOMADDER
The Hon'ble JUSTICE SANKAR ACHARYYA
Date : 28th February, 2017.
Mr. Siddhartha Banerjee, Adv.
...for High Court Administration
Mr. Pratap Chatterjee, Sr. Adv.
Mr. Raj Ratan Sen, Adv.
Mr. A.P. Gomes, Adv.
...for the appellant
Mr. Utpal Bose, Sr. Adv.
Ms. Soumali Basu, Adv.
...for respondent no. 1
The Court : This matter appears as 'To Be Mentioned' at the instance of High Court Administration. On behalf of the Registrar, Original Side, our attention has been drawn to the order dated 25th July, 2016, wherefrom it appears that there was a direction upon the Registrar, Original Side, to accept a deposit of Rs. 2 lakhs per month from July, 2016, from the appellant with a further direction upon the Registrar, Original Side to invest such amount as deposited by the appellant in an 2 interest bearing short term fixed deposit in a nationalised bank. Such deposit was to abide by further orders in the appeal.
It is submitted on behalf of the Registrar, Original Side, that the appellant continued to deposit a sum of Rs. 2 lakhs per month in terms of the order dated 25th July, 2016 till November, 2016. However, in respect of the months of December, 2016 and January, 2017, the same were deposited with the Registrar, Original Side in February, 2017. The Registrar, Original Side, in such circumstances, prays for post facto leave to accept such payment, belatedly.
Considering the prayer made on behalf of the Registrar, Original Side, we grant post facto leave for belated acceptance of payment from the appellant in terms of the order dated 25th July, 2016 in the month of February, 2017 for the months of December, 2016 and January, 2017.
We also make it clear that since up-to-date payment has been made by the appellant in terms of the order dated 25th July, 2016, the order of stay passed on that date shall continue in terms of the said order.
(BISWANATH SOMADDER, J.) (SANKAR ACHARYYA, J.) TR/