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Calcutta High Court

Srei Equipment Finance Ltd vs M/S. Saumya Mining Ltd on 19 June, 2015

Author: Biswanath Somadder

Bench: Biswanath Somadder

ORDER SHEET
                               G.A. No. 1808 of 2015
                                        With
                               A.P. No. 1974 of 2014

                         IN THE HIGH COURT AT CALCUTTA
                       ORDINARY ORIGINAL CIVIL JURISDICTION
                                  ORIGINAL SIDE

                            SREI EQUIPMENT FINANCE LTD.
                                       Versus
                              M/S. SAUMYA MINING LTD.

  BEFORE:
  The Hon'ble JUSTICE BISWANATH SOMADDER
  Date: 19th June, 2015.
                                                                            Appearance:
                                                             Mr. Swatarup Banerjee, Adv.
                                                                     ... for the petitioner
                                                                     Mr. Rohit Das, Adv.
                                                                    ... for the respondent

The Court: Let the affidavit of service filed in Court today be taken on record.

Having heard the learned advocates for the parties and upon perusing the instant application seeking modification of the order dated 28th January, 2015 passed in AP 1974 of 2014, this Court is of the view that in the facts and circumstances of the instant case, an adjudication is required in respect of the point of law, which has been spelt out in the order dated 28th January, 2015. However, till such time, the learned advocate representing the respondent undertakes on behalf of his client that the assets in question shall not be transferred and/or alienated and/or encumbered in any manner and no third party right will be created in respect of the said assets.

This application is, accordingly, disposed of. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(BISWANATH SOMADDER, J.) sg2