Calcutta High Court
Abl International Limited vs The Durgapur Projects Limited on 25 March, 2011
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
GA NO.2808 OF 2010
EC No. 123 of 2009
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ABL INTERNATIONAL LIMITED
Versus
THE DURGAPUR PROJECTS LIMITED
BEFORE:
The Hon'ble JUSTICE SANJIB BANERJEE
Date : 25th March, 2011.
Appearance :-
Mr.U.S. Menon, Adv., for the decree-holder The Court : GA No.2808 of 2010 is disposed of without any further order since such matter has now become irrelevant. The decree-holder in EC No.123 of 2009 says that an appeal was preferred from the decree passed in an eviction suit. Before the Appellate Court, the decree in so far as it related to eviction was affirmed and the judgment-debtor has now delivered possession of the decree-holder premises to the decree-holder. The decree-holder says that the portion of the decree that provided for mesne profits was set aside in appeal and the Appellate Court appointed a Special Referee for the purpose of assessing mesne profits. 2
From such appellate order, according to the decree- holder, it preferred a petition for Special Leave to appeal before the Supreme Court.
By an order dated March 11, 2011 the Appellate Court order to the extent challenge has been stayed.
In such view of the matter, EC No.123 of 2009 will now appear in the monthly list of June, 2011 and GA No.2808 of 2010 should be treated as disposed of without any order as to costs.
Urgent certified photocopies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
[SANJIB BANERJEE, J.] sd/