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Calcutta High Court

Srei Equipment Finance Ltd vs Supreme Infrastructure Bot Private ... on 13 May, 2015

Author: Manjula Chellur

Bench: Manjula Chellur

                      IN THE HIGH COURT AT CALCUTTA
                          Civil Appellate Jurisdiction
                                ORIGINAL SIDE

                             APOT 202 OF 2015
                              GA 1589 of 2015
                                   WITH
                              CS 104 of 2015
                       SREI EQUIPMENT FINANCE LTD.

                                    Versus

         SUPREME INFRASTRUCTURE BOT PRIVATE LIMITED & ORS.


  BEFORE:

  The Hon'ble CHIEF JUSTICE MRS. MANJULA CHELLUR

  The Hon'ble JUSTICE JOYMALYA BAGCHI

  Date : 13th May, 2015.


                                          Mr.Utpal Bose, Sr. Advocate
                                          Ms.H.Chakraborty, Advocate
                                          Ms.N.C.Chatterjee, Advocate
                                          Ms.A.Malhotra, Advocate
                                                  .....for petitioner
                                          Mr.Jishnu Chowdhury, Advocate
                                          Mr.Soumabha Ghosh, Advocate
                                          Mr.S.K.Singhvi, Advocate
                                          Mr.P.Patra, Advocate
                                          Mr.J.Guha, Advocate
                                                  .....for respondent

The Court :- Heard learned Counsel on behalf of the appellant as well as learned Counsel on behalf of the respondents. 2

In the light of the admission that respondents 1 to 5 in the nature of borrower and guarantors had secured shares and also assets towards the loan borrowed from the appellants herein, we direct the respondents 1 to 5 not to deal with the shares as well as assets in terms of loan agreement till disposal of the application pending before learned Trial Court. ` The respondents are also at liberty to raise question of the maintainability and all other issues before learned Single Judge.

Accordingly appeal and application are disposed of.

(MANJULA CHELLUR, C.J.) (JOYMALYA BAGCHI, J.) GH.