Calcutta High Court
Ai Champdany Industries Ltd vs Duncan International (I) Limited on 15 September, 2010
Author: Bhaskar Bhattacharya
Bench: Sambuddha Chakrabarti, Bhaskar Bhattacharya
IN THE HIGH COURT AT CALCUTTA
Civil Appellate Jurisdiction
Original Side
APDT 10 of 2010
GA No. 2867 of 2010
C.S.223 of 2008
AI Champdany Industries Ltd..
Versus
Duncan International (I) Limited
With
APDT 11 of 2010
G.A.2868 of 2010
C.S.220 of 2008
AI Champdany Industries Ltd.
Versus
Arindam Investment Private Limited
APDT 12 of 2010
G.A.2871 of 2010
C.S.222 of 2008
AI Champdany Industries Limited
Versus
Disciplined Investment Ltd.
APDT 13 of 2010
G.A.2870 of 2010
C.S.225 of 2008
AI Champdany Industries Ltd.
Versus
New India Investment Corporation Limited.
APDT 14 of 2010
G.A. 2869 of 2010
C.S.221 of 2008
AI Champdany Industries Ltd.
Versus
Cosmopolitan Investment Limited
And
2
APDT 15 of 2010
G.A.2872 of 2010
C.S.224 of 2008
AI Champdany Industries Ltd.
Versus
Haldia Investment Limited
For the Appellants : Mr. S.B.Mookherjee, Sr. Advocate with
Mr. Anindya Kumar Mitra, Sr.Advocate,
Mr. Jishnu Saha,
Mr. Debangsu Basak,
Mr. Sabyasachi Chaudhuri,
Mr. Abhijit Guha Roy and
Mr. S. Singhvi, Advocates
For Respondent : Mr. R.Deb, Sr.Advocate with
Ms. Manju Bhutoria and Mr. A.K.Asopa, Advocates BEFORE:
The Hon'ble JUSTICE BHATTACHARYA AND The Hon'ble JUSTICE Dr. SAMBUDDHA CHAKRABARTI Date : 15th September, 2010.
THE COURT : All the applications are heard analogously. These are applications for stay of operation of the Decrees impugned in these appeals.
After hearing Mr. Mookherjee appearing on behalf of the appellants and Mr. Deb appearing on behalf of the plaintiff-respondent, we find that about double the decretal amount has been secured by the appellants by virtue of bank guarantee and the same is continuing.3
In that event, we propose to dispose of these applications by directing the appellants to keep alive the bank guarantee during the pendency of the appeals. There will be an order of injunction restraining the plaintiff-respondent from executing the Decrees till the disposal of the appeals on the aforesaid condition.
Since the stay applications contain all the relevant papers used by the parties before the learned single Judge, the same may be treated as informal paper books. Since the plaintiff-respondent has already entered appearance, appeals may be treated as ready for hearing as regards service. Let the appeals be added for hearing a fortnight after the Puja vacation.
At this stage, Mr. Deb appearing on behalf of the plaintiff-respondent submits that he has instructions to file a Cross Objection against that portion of the Decrees by which his client's claim was refused. Let such Cross Objection be filed on the date of Re-opening at the latest and the Memorandum of Cross Objection be filed by way of supplementary paper book.
All the applications are disposed of accordingly. Certified photostat copy of this order be made available to the parties upon compliance of usual formalities.
( BHASKAR BHATTACHARYA, J.) ( Dr. SAMBUDDHA CHAKRABARTI, J.) Rsg.
AR(CR)