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Calcutta High Court

Known As Chokhani Securities Ltd.) vs Redwood Infra Projects Pvt Ltd. And Ors on 18 July, 2022

Author: Shekhar B. Saraf

Bench: Shekhar B. Saraf

ODC 1
                                ORDER SHEET
                                 AP/298/2022
                              IA NO: GA/1/2022
                      IN THE HIGH COURT AT CALCUTTA
                    ORDINARY ORIGINAL CIVIL JURISDICTION
                           COMMERCIAL DIVISION


                    M/S UGRO CAPITAL LIMITED (FORMERLY
                    KNOWN AS CHOKHANI SECURITIES LTD.)
                                    VS
                  REDWOOD INFRA PROJECTS PVT LTD. AND ORS


  BEFORE:
  The Hon'ble JUSTICE SHEKHAR B. SARAF
  Date: 18th July, 2022.


                                                                       Appearance:
                                                           Ms. Shrayshee Das. Adv.
                                                             Mr. Jishnujit Roy, Adv.

                                                  Mr. Sankar Nath Mukherjee, Adv.
                                                             Mr. Niraj Gupta, Adv.
                                                         Mr. Srikantha Mitra, Adv.


      RE: AP/298/2022.

      The Court: Heard counsel appearing on behalf of the parties.

      After hearing of the parties I am of the view that as on date there are

certain instalments that are due and payable. The respondent has categorically

stated in Court that he is not willing to make payment of these instalments. Accordingly, I prima facie find that certain protection is required to be granted to the petitioner.

Accordingly, let there be order in terms of prayer (a) of the Notice of Motion. 2 RE: GA/1/2022.

This is an application for dismissal of the Section 9 application on the ground that the same is not maintainable. Let affidavits be exchanged in this matter. Let affidavit in opposition be filed within four weeks from date; reply thereto, if any, be filed within one week thereafter.

Parties are at liberty to mention.

(SHEKHAR B. SARAF, J.) sp/