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Calcutta High Court

D.V.M. Construction & Ors vs Srei Infrastructure Finance Ltd on 18 March, 2009

Author: Surinder Singh Nijjar

Bench: Surinder Singh Nijjar, Biswanath Somadder

                          GA No. 499 of 2009
                         APOT No. 62 of 2009
                                 With
                           EC No. 34 of 2008
                    IN THE HIGH COURT AT CALCUTTA
                     Civil Appellate Jurisdiction
                             ORIGINAL SIDE


                      D.V.M. CONSTRUCTION & ORS.
                                Versus
                   SREI INFRASTRUCTURE FINANCE LTD.


    For the Appellants : Mr. A. DAS with Mr. P. KUMAR, Advocates


    For the Respondent : Mr. S. Nandi, Advocate

BEFORE:

The Hon'ble CHIEF JUSTICE SURINDER SINGH NIJJAR AND The Hon'ble JUSTICE BISWANATH SOMADDER Date : 18th March, 2009.

The Court: It has been pointed out by the learned counsel that the appellant has not appeared in Court as she is under a great apprehension that as soon as she comes to the city of Kolkata she is liable to be arrested. Separate warrants of arrest have been issued against her by different Courts in proceedings under section 138 of the Negotiable Instruments Act. We are of the opinion that no relief can be granted to the appellant with regard to the warrants of arrest issued by the Courts of competent jurisdiction under the Negotiable Instruments 2 Act, 1881 [9th December, 1881] as amended by Act 66 of 1988. The appellant will have to her remedy in accordance with law. However, since the appellant is ready and willing to appear before the learned Single Judge in connection with G.A. No. 61 of 2009, it would be in the interest of justice to ensure that she is not arrested prior to her appearance in the Court. The appellant has assured this Court that she is prepared to give an undertaking that she will appear in the Court of the learned Single Judge on the next date fixed i.e. 24.3.2009 at 12.30 p.m. Let such an undertaking be filed by the appellant before the learned Single Judge on 24.3.2009 at the time the appellant appears in Court. However, prior to that the learned counsel would submit the necessary application before the learned Single Judge by 23.03.2009 affixing the proposed undertaking sought to be given by the appellant.

All parties concerned are to act on a xerox signed of this order on the usual undertakings.

(SURINDER SINGH NIJJAR,C.J.) (BISWANATH SOMADDER, J.) ss.

Asst.Registrar{CR}