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Calcutta High Court

Tata Chemicals Limited vs Ashok Kumar Saha And Anr on 31 May, 2021

Bench: Subrata Talukdar, Kausik Chanda

OD-2
                  IN THE HIGH COURT AT CALCUTTA
                      Civil Appellate Jurisdiction
                            ORIGINAL SIDE

                             APOT/79/2021
                           With CS/51/2019
                           IA No: GA/1/2021


                      TATA CHEMICALS LIMITED
                              Versus
                    ASHOK KUMAR SAHA AND ANR


BEFORE:
The Hon'ble JUSTICE SUBRATA TALUKDAR
                 AND
The Hon'ble JUSTICE KAUSIK CHANDA

Date : 31st May, 2021.

[Via video conference]

                                                                 Appearance:
                                               Mr. Ratnanko Banerji, Sr. Adv.
                                                     Mr. Shaunak Mitra, Adv.
                                                     Mr. Jaydeb Ghorai, Adv.
                                                  Mr. Saugata Banerjee, Adv.
                                                     Mr. Diptesh Ghorai, Adv.
                                                          ... for the petitioner

                                                Mr. Jishnu Chowdhury, Adv.
                                                 Mr. Syed Nurul Arefin, Adv.
                                                Ms. Saraswati Chatterji, Adv.
                                                   ... for the respondent no.1

Mr. Ovik Sengupta, Adv.

Mr. Arindam Paul, Adv.

... for the respondent no.2 The Court : Party/parties is/are represented in the order of their name/names as printed above in the cause title.

Mr. Banerji, Learned Senior Counsel appearing for the appellant, draws the attention of this Court to the interim directions 2 passed earlier on the 30th April, 2021 in this matter by the Hon'ble Division Bench.

The Hon'ble Division Bench recorded the assurance of the respondents, on instructions, to the effect that the respondents will not alter the status quo qua the properties which were the subject matter of the injunction prior to such injunction being vacated. The assurance was recorded, inter alia, with a rider that the same shall not be withdrawn without the leave of the Hon'ble Division Bench and, shall stand extended till the 31st May, 2021 or, until further orders, whichever is earlier.

Mr. Chowdhury, Learned Counsel, appears for the respondent no. 1 and Mr. Sengupta, Learned Counsel, appears for the respondent no.2.

The attention of this Court is further drawn to the orders of the Hon'ble Special Bench dated 26th March, 2021 and 20th April, 2021 in WPA No.5323 of 2020. By both the orders, the Hon'ble Special Bench was pleased to notice the pendency of interim and conditional orders during the present pandemic situation and, had allowed all such interim orders to operate till the 30th of June, 2021.

This Court sees no reason to take a different view connected to the interim directions as passed by the Hon'ble Division Bench on 30th April, 2021 (supra). In the view of this Court, the interim directions dated 30th April, 2021 stand extended on the same or similar footing as all 3 interim orders extended by the Hon'ble Special Bench vide orders dated 26th March, 2021 and 20th April, 2021 (supra).

Accordingly, the interim directions dated 30th April, 2021 stand extended till 30th June, 2021 or, until further orders, whichever is earlier.

Liberty to take further steps, if and as advised, strictly upon notice to each other.

All parties to act on server copy of this order downloaded from the official website of this Court.

(KAUSIK CHANDA, J.) (SUBRATA TALUKDAR, J.) RS