Calcutta High Court
Manav Investment & Trading Company ... vs Dbs Bank India Limited on 28 March, 2022
Author: Shekhar B. Saraf
Bench: Shekhar B. Saraf
ODUL
ORDER SHEET
GA No. 1 of 2022
CS No. 67 of 2022
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
(Commercial Division)
MANAV INVESTMENT & TRADING COMPANY LIMITED
Vs
DBS BANK INDIA LIMITED
BEFORE:
The Hon'ble JUSTICE SHEKHAR B. SARAF
Date : 28th March, 2022
Appearance:
Mr. Dhruba Ghosh, Sr. Adv.
Mr. Anirban Ray, Adv.
Mr. Rajarshi Dutta, Adv.
Mr. V.V. Sastry, Adv.
Mr. Debojyoti Saha, Adv.
Mr. Pankaj Agarwal, Adv.
Ms. Paramita Maity, Adv.
Mr. Sakabda Roy, Adv.
Ms. Trisha Mukherjee, Adv.
The Court: Heard Counsel appearing on behalf of the parties.
By a judgment dated 16th February, 2022, this Court had set aside two
notices under Section 176 of the Contract Act. Subsequent to the same, the
respondent bank has issued two further notices dated 23rd February, 2022
with regard to invocation and sale of the pledged equity shares. 2
Leave is sought to file a supplementary affidavit. The same is allowed. Copy of the same has been served upon Counsel appearing on behalf of the respondent.
The supplementary affidavit indicates that subsequent to issue of two notices dated 23rd February, 2022, the pledged equity shares have been transferred to the depository account of the respondent bank.
Counsel on behalf of the respondent submits that he is led by Mr. Jishnu Saha, Senior Advocate and accordingly prays that the matter be taken up on Monday at 2p.m.
Accordingly, let the matter appear on Monday (04.04.2022) at 2p.m. In the interim, I direct that the respondent bank does not transfer, alienate or dispose of in any manner the shares that are the subject matter of the suit.
The interim order passed above shall continue till April 11, 2022 or until further order, whichever is earlier.
(SHEKHAR B. SARAF, J.) R.Bhar