Supreme Court - Daily Orders
Prabir Roy Chowdhury vs Agr Plantations P.Ltd.. on 13 October, 2015
Bench: V. Gopala Gowda, Amitava Roy
ITEM NO.2 COURT NO.11 SECTION XVI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s).
25866-25868/2013
(Arising out of impugned final judgment and order dated 18/02/2013
in APO No. 387/2011,18/02/2013 in GA No. 2239/2007,18/02/2013 in CS
No. 486/1991 passed by the High Court Of Calcutta)
PRABIR ROY CHOWDHURY Petitioner(s)
VERSUS
AGR PLANTATIONS P.LTD.& ORS. Respondent(s)
(with interim relief and office report)
Date : 13/10/2015 These petitions were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE V. GOPALA GOWDA
HON'BLE MR. JUSTICE AMITAVA ROY
For Petitioner(s) Mr. Jaideep Gupta,Sr.Adv.
Mr. Mahendra Vyas,Adv.
Mr. P. K. Manohar,Adv.
For Respondent(s) Mr. Nisith Adhikari,Sr.Adv.
Mr. Jaydip Kar,Sr.Adv.
Mr. Saurav Sengupta,Adv.
Mr. T. V. George,Adv.
Mr. Sumit Goel,Adv.
Mr. Abhinay Sharma,Adv.
Mr. Anurag Tripathi,Adv.for
M/s. Parekh & Co.,Adv.
UPON hearing the counsel the Court made the following
O R D E R
We have heard learned counsel for the parties. We do not find any ground to entertain these Signature Not Verified special leave petitions except on making an observation Digitally signed by Suman Wadhwa Date: 2015.10.14 16:23:52 IST Reason: that the finding recorded by the Division Bench in the penultimate paragraph to the following effect: -2-
“The learned Judge dismissed the application under Section 47 and, in our view, very rightly, it is now the turn of the learned Judge to dispose of the execution application by passing appropriate order on the same. We do not find any scope to interfere with the ultimate finding of the learned Judge.
While recording such a finding the liberty is left to the parties to raise identical contentions on reciprocal obligation before the learned Judge when execution application would be heard.
In view of the said liberty the execution Court can examine the same after hearing the parties without influenced with the finding recorded in the penultimate paragraph as extracted above while hearing and considering the execution case.
With the above-said observation these special leave petitions are disposed of.
(SUMAN WADHWA) (MALA KUMARI SHARMA)
AR-cum-PS COURT MASTER