Calcutta High Court
B.R. Singh & Co. & Anr vs L & T Finance Ltd on 26 August, 2013
Author: Ashim Kumar Banerjee
Bench: Ashim Kumar Banerjee
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
Civil Appellate Jurisdiction
ORIGINAL SIDE
GA NO.2393 OF 2013
APOT NO.383 OF 2013
AP NO.590 O 2013
AND
GA NO.2395 OF 2013
APOT NO.384 OF 2013
AP NO.583 O 2013
AND
GA NO.2396 OF 2013
APOT NO.385 OF 2013
AP NO.594 O 2013
AND
GA NO.2397 OF 2013
APOT NO.386 OF 2013
AP NO.585 O 2013
AND
GA NO.2398 OF 2013
APOT NO.387 OF 2013
AP NO.584 O 2013
B.R. SINGH & CO. & ANR.
Versus
L & T FINANCE LTD.
BEFORE:
The Hon'ble JUSTICE ASHIM KUMAR BANERJEE
The Hon'ble JUSTICE Dr. SAMBUDDHA CHAKRABARTI
Date : 26th August, 2013.
2
Appearance :
Mr.A.S. Roy, Advocate
Mr.A.K. Singh, Advocate
Mr.Arif Ali, Advocte for the appellant.
Mr.Paritosh Sinha, Advocate for the
respondent.
The Court : There has been admitted due to the extent of Rs.70 lakhs as on the date of passing of the order by the learned single Judge. Out of five agreements, first two expired by efflux of time. Three, four and five are running agreements and instalments are mounting up. The learned Judge asked the Receiver to take possession. On the last occasion, we asked the appellants to pay Rs.10 lakhs to show their bona fide. Accordingly, they paid the amount.
Today, when the matter is called on, Mr.Roy appearing for the appellants, would seek time till September 15, 2013 to pay another Rs.10 lakhs. He would also contend, the respondent is adjusting the sums as per their own wish. They should first square up the dues of the earlier agreements.
We have heard Mr.Sinha appearing for the respondent. Mr.Sinha would contend, a sum of Rs.10 lakhs would be on the lower side considering the amount of dues that is mounting up day by day.
We grant liberty to the appellants to square up the first two agreements by September 7, 2013 and September 20, 2013 respectively. In 3 case they do so, we shall decide the other three agreements. In case of default, the first two appeals being APOT No.384 of 2013 and APOT No.387 of 2013 would stand dismissed. The other three appeals would appear on September 23, 2013. However, the respondent is given liberty to prepone the date in case the commitment in respect of first one is not kept.
(ASHIM KUMAR BANERJEE, J.) (Dr. SAMBUDDHA CHAKRABARTI, J.) sd/