Calcutta High Court
Srei Infrastructure Finance Ltd vs Supreme Infrastructure Bot Pvt. Ltd. & ... on 15 June, 2015
Author: Soumen Sen
Bench: Soumen Sen
ORDER SHEET
GA No.1504 of 2015
With
CS No.104 of 2015
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
SREI INFRASTRUCTURE FINANCE LTD.
Versus
SUPREME INFRASTRUCTURE BOT PVT. LTD. & ORS.
BEFORE:
The Hon'ble JUSTICE SOUMEN SEN
Date : 15th June, 2015.
Appearance:
Mr. Jishnu Saha, Sr. Adv.
Mr. Jishnu Chowdhury, Adv.
Mr. Soumabho Ghose, Adv.
Mr. S.K. Singhvi, Adv.
Mr. P. Patra, Adv.
The Court : During the course of submission it appears that
an order was passed by the Hon'ble Division Bench on 13th May, 2015
restraining the respondent no.1 to 5 not from dealing with the
shares as well as assets in terms of loan agreement till disposal of the application pending before me. It is to put on record that no such prayer was made on behalf of the plaintiff on 6th May, 2015 and the only prayer that was made by Mr. S.N. Mookherjee, senior advocate appearing with Mr. Jishnu Saha, learned senior advocate that there shall be an order of injunction restraining the 2 respondent no.1 from diluting the percentage of shares pledged in favour of the petitioner under the several loan agreements without the leave of this Court. Be that as it may, it appears that the Hon'ble Division Bench passed an order on 13th May, 2015. Let the interim order continue until further orders.
Mr. Jishnu Chowdhury, learned senior advocate appearing on behalf of the respondent nos.1 to 6 submits that there is a gross suppression of material facts and on that ground this application for injunction is required to be dismissed. However, there is nothing on record to show the nature and extent of suppression.
Under such circumstances, I am unable to accept such submission at this stage. Affidavit-in-opposition shall be filed within two weeks from date. Affidavit-in-reply thereto, if any, shall be filed within two weeks thereafter. The matter shall appear in the list five weeks hence.
The interim order shall continue until further orders. This order, however, shall not prevent the respondent no.1 from applying for variation or vacation of the interim order.
(SOUMEN SEN, J.) B.Pal