Sevenska Handelsbanken vs M/S. Indian Charge Chrome Ltd on 12 April, 2021

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Orissa High Court

Sevenska Handelsbanken vs M/S. Indian Charge Chrome Ltd on 12 April, 2021

Bench: S. K. Mishra

                                 A.H.O. No.114 of 1991




                        C O R A M:

                              SHRI JUSTICE S. K. MISHRA
                                         AND
                              MISS JUSTICE SAVITRI RATHO
                   ______________________________________________

                   Sevenska Handelsbanken         ......             Appellant.
                                       - Versus-
                   M/s. Indian Charge Chrome Ltd.
                   and Ors.                       ......            Respondents.

                             For Appellant   : Mr. B. Mishra, B.C. Pradhan,
                                               P.K. Rout and H.K. Mohanty.
                             For Respondents : Mr. S.S. Das, G. Rath,
                                               I.Mohanty and Miss A. Dutt.

                                     ORDER

03. 12.04.2021 This matter is taken up by Video Conferencing mode.

2. None appears for the Parties.

3. In this appeal, the Appellant has challenged the judgment dated 11.10.1991 passed by the learned Single Judge in Misc. Appeal No.370 of 1991.

4. Perused the Memo filed by the learned counsel for the Respondent No.2.

5. It is brought to our notice through the Memo that the impugned judgment dated 11.10.1991 passed by the learned Single Judge in Misc. Appeal No.370 of 1991 under the present A.H.O. was challenged by the Appellant before the Hon'ble Supreme Court of India in Civil Appeal No.5433 of 1993 2 (arising out of SLP(C) No.421 of 1992) and the Hon'ble Supreme Court has set aside the said impugned judgment of the High Court vide its judgment dated 15.10.1993 and as such the present A.H.O. has become infructuous. A copy of the reported judgment of the Hon'ble Supreme Court in the case of Svenska Handelsbanken -vr.- M/s. Indian Charge Chrome and others: AIR 1994 SC 626 has been filed.

It is borne out from the reported judgment that the appeal was filed by Svenska Handeslbanken (defendant no.4) against the judgment and order dated 11th October, 1991 of the High Court of Orissa passed in Misc. Appeal No.370 of 1991. After discussion of the facts, the Hon'ble Supreme Court has stated that for the reasons stated in the reported judgment, the appeal is accepted; the judgment and order of the High Court dated 11th October, 1991 is set aside and that of the trial court dated 14th August, 1991 is restored and the application of the borrower/ plaintiff for interim injunction against the lenders is dismissed with costs.

6. As the judgment dated 11th October, 1991 passed by the learned Single Judge in Misc. Appeal No.370 of 1991 has already been set aside, nothing more is to be decided in this case.

7. Accordingly, the AHO is disposed of.

8. There shall be no orders as to costs.

9. As the restrictions due to the Covid-19 situation are continuing, learned counsel for the parties may utilize a soft copy of this order available in the High Court's website or print out thereof at par with certified copy in the manner prescribed, vide Court's Notice No.4587, dated 25th March, 2020.

........................

(S. K. Mishra) Judge .........................

(Savitri Ratho) Judge BJ

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