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Supreme Court - Daily Orders

Midnapore Peoples Coop.Bank Ltd. vs Chunilal Nanda . on 14 July, 2014

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               ITEM NO.29                         COURT NO.7                         SECTION XVI

                                      S U P R E M E C O U R T O F           I N D I A
                                              RECORD OF PROCEEDINGS

               Petition(s) for Special Leave to Appeal (C) No(s). 14612/2014

               (Arising out of impugned final judgment and order dated
               31/03/2014 in CAN No. 3079/2014 in FMA No. 309/2014 passed by
               the High Court Of Calcutta)

               MIDNAPORE PEOPLES COOP.BANK LTD.                                      Petitioner(s)

                                                          VERSUS

               CHUNILAL NANDA & ORS.                            Respondent(s)
               (with appln. (s) for exemption from filing c/c of the impugned
               judgment and permission to submit additional document(s) and
               prayer for interim relief and office report)

               Date : 14/07/2014 This petition was called on for hearing today.

               CORAM :
                                HON’BLE MR. JUSTICE JAGDISH SINGH KHEHAR
                                HON’BLE MR. JUSTICE R.K. AGRAWAL


               For Petitioner(s)          Mr. Parijat Sinha, Adv.
                                          for Ms. Reshmi Rea Sinha,AOR

               For Respondent(s)          Mr. Gaurav Jain, Adv.
                                          Ms. Abha Jain ,Adv.

                            UPON hearing the counsel the Court made the following
                                               O R D E R

Having given our thoughtful consideration t o the impugned order dated 31.03.2014, we are, prima facie, of the view that it may be difficult to calculate the entire outstanding admissible dues payable to respondent no.1, for the reason that it has yet to be determined whether respondent no.1 Signature Not Verified Digitally signed by has or has not been gainfully employed, after the culmination of Parveen Kumar Chawla Date: 2014.07.16 15:23:45 IST Reason: the disciplinary proceedings.

Keeping that in mind, we consider it just and 2 appropriate to modify the interim order passed by the High Court by requiring the petitioners herein to deposit a sum of Rs.5,00,000/- (rupees five lakhs only) with the Registrar of the High Court within four weeks from today. Ordered accordingly.

It is clarified that the amount deposited by the petitioners in terms of the aforesaid direction will be returned to the petitioners, in case respondent no.1 does not succeed before the High Court. However, if the petitioners fails before the High Court, the aforesaid amount shall be adjusted with the amount payable to respondent no.1.

The special leave petition is disposed of in the above terms.



(Parveen Kr. Chawla)                                      (Phoolan Wati Arora)
    Court Master                                           Assistant Registrar