Calcutta High Court
Lmj International Limited vs Sleepwell Industries Co. Ltd on 5 June, 2017
Author: Nishita Mhatre
Bench: Nishita Mhatre
ORDER SHEET
GA NO.1012 OF 2017
WITH
APO 137 OF 2015
EC 487 OF 2013
IN THE HIGH COURT AT CALCUTTA
Original Jurisdiction
LMJ INTERNATIONAL LIMITED
Versus
SLEEPWELL INDUSTRIES CO. LTD
BEFORE:
The Hon'ble ACTING CHIEF JUSTICE NISHITA MHATRE
The Hon'ble JUSTICE TAPABRATA CHAKRABORTY
Date : 5TH JUNE, 2017.
For Applicant : Mr.S.N. Mitra,Sr.Advocate
Ms. Sananda Mukhopadhyay, Advocate
Mr.Tarun Aich,Advocate
For Respondent: Mr.Sailendra Jain,Advocate
The Court : This application has been filed for return of the documents pertaining to an immovable property which were submitted as security to the Registrar, High Court, Original Side. 2
There is no dispute that though the property documents were submitted, they were not accepted by the learned Registrar, Original Side as they were in respect of a leasehold property which could not secure the amount. The applicants have already submitted a bank guarantee, as security, which is alive even today. The execution court is hearing the matter regarding the execution of a foreign award. The property documents are, thus, not required at all.
We, therefore, allow the application by granting order in terms of prayer (a) of the application.
Thus, the application being G.A.No.1012 of 2017 is disposed of. Let the documents be returned within two weeks from date.
(NISHITA MHATRE, ACJ.) (TAPABRATA CHAKRABORTY, J.) ssaha AR(CR)