Calcutta High Court
Pdgd Investments And Trading (P) Ltd vs Vikrant Forge Ltd. & Ors on 10 March, 2017
Author: Jyotirmay Bhattacharya
Bench: Jyotirmay Bhattacharya, Sahidullah Munshi
ORDER SHEET
ACO 112/2016
APO 164/2015
IN THE HIGH COURT AT CALCUTTA
Civil Appellate Jurisdiction
ORIGINAL SIDE
PDGD INVESTMENTS AND TRADING (P) LTD.
Versus
VIKRANT FORGE LTD. & ORS.
BEFORE:
The Hon'ble JUSTICE JYOTIRMAY BHATTACHARYA
AND
The Hon'ble JUSTICE SAHIDULLAH MUNSHI
Date : 10th March, 2017.
Appearance :
Mr.Ashoke Ghosh,
Mr.Ajay Gaggar, Advs.
Mr.Sanket Sarawagi, Adv.
The Court : Pursuant to an interim order passed in the
appeal, the appellant deposited a sum of Rs.1,02,000/- with
the Registrar, Original Side, High Court, for enjoying the
benefit of the interim order passed on 9th April, 2015. The
appeal ultimately was allowed by the judgment and order dated
12th April, 2016.
Thereafter, the appellant took out this application
seeking permission to withdraw the deposited amount along
2
with interest accrued thereon. We are informed by the learned
Counsel appearing for the appellant that the money which was
deposited by the appellant was invested in short-term fixed
deposit by the Registrar, Original Side.
While the said application was being considered on the
last occasion, we were informed by the learned Advocate
appearing for the Official Liquidator that one of the
respondents, namely, Vikrant Forge Limited filed an
application seeking review of the order dated 12th April, 2016 by which the appeal was disposed of and the said review application was yet to be disposed of.
Considering such submission made by Mr.Ghosh, learned Advocate, we declined to allow the appellant's application without ascertaining the fate of the review application on the earlier date.
When this application is taken up for consideration today, the learned Advocate for the appellant submits that the said review application was dismissed by treating the same as withdrawn, in pursuance of an order passed by the other Division Bench of this Court dated 6th March, 2017. A copy of the order passed by the Division Bench of this Court dated 6th March, 2017 has also been placed before us. Let the 3 copy of this order be kept on record and the same be treated as part of the record.
In view of dismissal of the review application, we dispose of the present application filed by the appellant by directing the Registrar, Original Side, High Court, to release the deposited amount together with interest accrued thereon in favour of the appellant subject to compliance with necessary formalities by the appellant in this regard.
The application is, thus, disposed of.
(JYOTIRMAY BHATTACHARYA, J.) (SAHIDULLAH MUNSHI, J.) sd/