Calcutta High Court (Appellete Side)
Steel Authority Of India Ltd vs Machine Works (International) Ltd on 3 September, 2019
1
7. FAT 263 of 2018
03-09-2019 (CAN 3704 of 2018)
sg (CAN 3707 of 2018)
Ct. 37
The General Manager, CRDWD,
Steel Authority of India Ltd.
Versus
Machine Works (International) Ltd.
Mr. Sauvik Nandy, Adv.
...for the appellant
Mr. Alokesh Mallick, Adv.
Mr. Souma Bhattacharya, Adv.
...for the respondent
This appeal has been preferred with a prayer for condonation of delay. There is a delay of 118 days in preferring the appeal. We are satisfied with the explanation offered for not being able to file the appeal within the period of limitation.
The application for condonation of delay being CAN 3704 of 2018 is allowed.
The appellant upon depositing the decreetal dues as on date with the learned Registrar General within two weeks from date, there shall be stay of operation of the decree till the disposal of the appeal. However, the appellant shall enjoy the unconditional stay of operation of the decree for a period of two weeks and subject to the compliance of this order, the order of stay shall continue till the disposal of the appeal. The learned Registrar General is directed to deposit the said amount in a fixed deposit account with a nationalized bank yielding highest return and keep the said fixed deposit renewed from time to time till the disposal of the appeal or until further orders.
Lower Court records of this case be called for by 17th September, 2019.
The appellant is directed to deposit the special messenger 2 costs to bring the Lower Court records by 9th September, 2019, failing which the appeal shall be put up for final order.
After arrival of the lower Court record, office shall examine the same and if found complete, shall serve notice of arrival of lower Court record on the learned Advocate for the appellant at once.
The appellant is given liberty to prepare and file requisite number of informal paper books incorporating all the papers used before the Court below - printed, typewritten or cyclostyled with proper index - as the case may, out of Court by 31st October, 2019.
List the appeal under the heading "Hearing" on 11th November, 2019.
CAN 3707 of 2018 is accordingly disposed of.
(Ravi Krishan Kapur, J.) (Soumen Sen, J.)