Calcutta High Court
Apl Metals Ltd vs Mountview Tracom Llp And Ors on 24 February, 2022
Author: I. P. Mukerji
Bench: I. P. Mukerji
ODC-1
IN THE HIGH COURT AT CALCUTTA
CIVIL APPELLATE JURISDICTION
(Commercial Division)
ORIGINAL SIDE
LPA No.1 of 2022
With
AP/4/2022
IA No. GA/1/2022
GA No. 2 of 2022
APL METALS LTD
Versus
MOUNTVIEW TRACOM LLP AND ORS
Before:
The Hon'ble Justice I. P. MUKERJI
And
The Hon'ble Justice ANIRUDDHA ROY
Date : 24th February, 2022.
(via Video Conference)
Appearance:
Mr. Ahin Choudhuri, Sr. Adv.
Mr. Gopal Pahari, Adv.
Ms. Mandeep Kaur, Adv.
Mr. Abhrajit Mitra, Sr. Adv.
Mr. Jishnu Chowdhury, Adv.
Ms. Radhika Singh, Adv.
Mr. Chayan Gupta, Adv.
...for the respondent no.1
The Court: We admit the appeal from the judgment and order dated 7th February, 2022 passed by a learned single judge of this court, inter alia, holding that the security proposed to be furnished by the award-debtor for stay of the impugned order was inappropriate and directing them to furnish a bank guarantee for Rs.7.93 crores to the satisfaction of the learned Registrar, Original Side within two weeks of the date of the said order.
This admission of appeal is subject to the question of maintainability raised by Mr. Abhrajit Mitra, learned senior advocate, appearing for the respondents. He says that the impugned judgment and order is not appealable.
We propose to hear out the appeal first on the question of maintainability and then on other grounds, if it is held to be maintainable, as expeditiously as possible, dispensing with all formalities.
As the respondents are represented by learned counsel, issuance and service of the notice of appeal are dispensed with.
Learned advocate on record for the appellant is directed to file an informal paper book by 10th March, 2022 serving a copy thereof upon learned advocate on record for the respondents, not less than seven days before the date of hearing of the appeal.
List this appeal for hearing on 21st March, 2022. The stay application (IA No.GA/1/2022) is disposed of. As we have not invited affidavits, any allegation made therein is deemed not to have been admitted.
(I. P. MUKERJI, J.) (ANIRUDDHA ROY, J.) cs.