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South Eastern Coalfields Ltd. v/s Birla Corporation Ltd. & Another


Company & Directors' Information:- EASTERN COALFIELDS LTD [Active] CIN = U10101WB1975GOI030295

Company & Directors' Information:- SOUTH EASTERN COALFIELDS LIMITED [Active] CIN = U10102CT1985GOI003161

Company & Directors' Information:- BIRLA CORPORATION LIMITED [Active] CIN = L01132WB1919PLC003334

Company & Directors' Information:- BIRLA EASTERN LTD [Active] CIN = U74140WB1979PLC032247

Company & Directors' Information:- EASTERN CO PVT LTD [Active] CIN = U74140WB1943PTC011182

Company & Directors' Information:- EASTERN CORPN PVT LTD [Strike Off] CIN = U51109WB1936PTC008577

    Civil Appeal No. 10703 of 2017 [@ Special Leave Petition (C) No. 579 of 2016]

    Decided On, 21 August 2017

    At, Supreme Court of India

    By, THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR

    For the Appellant: Anupam Lal Das, Anirudh Singh, Advocates. For the Respondents: Ranjan Bachawat, Sr. Advocate, Sanjay Ginodia, Mayank Mishra, Sidharth Sethi, Advocates.



Judgment Text

Kurian Joseph, J.

Leave granted.

2. The appellant approached this Court, aggrieved by the order dated 08.09.2015 passed by the High Court of Calcutta in APOT No. 417 of 2015. The order to the relevant extent reads as follows :-

"In the above circumstances, it would not be justifiable to answer the controversy either in favour of the appellant/plaintiff or in favour of the respondents/defendants. Therefore, we are of the opinion the amount taken by invoking bank guarantee, that is, Rs. 91 Lacs and odd, be deposited in the name of the Registrar, Original Side in any nationalised bank in an interest earning deposit pending disposal of the suit so that whoever is ultimately successful in the civil litigation would not lose any interest out of such deposit. Ultimately the amount shall go to the party who is successful in the litigation.

With these observations, the appeal and the application are disposed of setting aside the impugned order.

The respondents/defendants are permitted to file written statement within four weeks and do all other formalities in accordance with the procedure. List the suit for hearing two weeks after vacation."

3. When the matter came up before this Court, the following order was passed on 08.01.2016 :-

"Delay condoned.

Issue notice.

In the meantime, there shall be stay of operation and implementation of the impugned Judgment."

4. Having heard the learned counsel appearing on both sides, we are of the view that it is in the interests of both the parties t

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hat the interim order passed by this Court continues till the suit is finally disposed of. Ordered accordingly. 5. In view of the above, the appeal is disposed of.
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