Calcutta High Court
Coal India Ltd vs Rahul Industries Ltd & Ors on 2 February, 2011
Author: Pinaki Chandra Ghose
Bench: Pinaki Chandra Ghose
1
APO No. 10 of 2011
G.A.No.168 of 2011
W.P.No.44 of 2007
IN THE HIGH COURT AT CALCUTTA
Civil Appellate Jurisdiction
ORIGINAL SIDE
COAL INDIA LTD .. Appellant
Versus
RAHUL INDUSTRIES LTD & ORS .. Respondents
BEFORE:
The Hon'ble JUSTICE PINAKI CHANDRA GHOSE The Hon'ble JUSTICE SHUKLA KABIR (SINHA) Date : 2nd February, 2011.
The Court : There will be an order in terms of prayer (a) of the petition. We have heard the learned senior advocates for the parties. It appears to us that a prima facie case has been made out by the appellant in the stay petition. There will be an order staying refund of the amount as directed by the Trial Court. Further, there will be an interim order directing Coal India Ltd. to set apart 20% of the amount so directed to be refunded by them. Such amount should be kept by Coal India Ltd. in a separate account until the appeal is disposed of. Stay application is thus disposed of. This appeal will be heard as a short appeal. Leave is also granted to file any other documents, which have been filed before the Hon'ble First Court, but inadvertently have not filed before us. The appellant/ petitioner is directed to file informal paper 2 book within three weeks from date including index and serve a copy thereof upon the respondents. Service of notice of appeal is waived.
Let the appeal appear in the list on 2nd March, 2011. All parties concerned are to act on a signed photocopy of this order on the usual undertakings. Urgent certified photocopy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(PINAKI CHANDRA GHOSE, J.) (SHUKLA KABIR (SINHA), J.) km AR(CR)