Calcutta High Court (Appellete Side)
(Omdc) vs Soumyendra Kishore Roy Chowdhury & Ors on 29 February, 2024
29-02-2024
Item no.3
IN THE HIGH COURT AT CALCUTTA
Subrata Civil Appellate Jurisdiction
Bhattacharyya (Commercial Division)
AR(C)
CAN No.4 of 2024
in
FAT No.58 of 2022
The Orissa Minerals Development Company Limited
(OMDC)
-vs-
Soumyendra Kishore Roy Chowdhury & Ors.
Mr. Swarup Banerjee
Mr. H.C. Yadav ...for the appellant
Mr. Sanjib Kumar Mal
Mr. S.K. Mal ...for the respondents
The appeal (FAT No.58 of 2022) is ready for hearing on filing of paper books.
List the appeal for hearing under the category "Short hearing matters" on 13th March 2024.
In the meanwhile, in the absence of any stay of the impugned judgement and decree, the respondents are proceeding to execute the same through the learned court below.
The decretal amount as of now is nearly Rs.6 crore. Provided a bank guarantee issued by a nationalised bank for Rs.6 crore is furnished by the appellant in favour of the Registrar General of this court by 14th March 2024, the respondents shall not further proceed with the said execution.
By 14th March 2024, the appellant has to obtain a certificate from the Registrar General that the required bank guarantee has been furnished and forward the 2 same to the respondents. If such certificate is not obtained, the respondents shall forthwith mention the matter before us and obtain leave to proceed with the execution.
There shall be unconditional stay of the execution proceedings till 14th March 2024.
The appellant shall pay to the respondents costs assessed at Rs.10,000/- to be paid by 8th March 2024 to their advocate-on-record to reimburse their costs for contesting this application.
The application - CAN No.4 of 2024 - is accordingly disposed of by this order.
[I.P. Mukerji, J] [Biswaroop Chowdhury, J]