(Dipak Misra, C.J. and A.M. Khanwilkar and D.Y. Chandrachud, JJ.)
LMJ International Ltd. _______________________________ Petitioner;
v.
Sleepwell Industries Co. Ltd. ________________________ Respondent.
(As per R.P. dated 05.01.2018, call on 05.03.2018 for final disposal.)
Petition(s) for Special Leave to Appeal (C) No(s). 540/2018, decided on March 5, 2018
The Order of the court was delivered by
Order
1. This Court, on 05.01.2018, while issuing notice, has directed as follows :
“Delay condoned.
Issue notice.
As Mr. Shyam Diwan, learned senior counsel along with Mr. Chira Ranjan Reddy, learned counsel has entered appearance on behalf of the respondent, no further notice need be issued.
We have been apprised that Rs. 1.8 crore has already been deposited before the Calcutta High Court and Rs. 3.24 crore has been secured by way of bank guarantee. The respondentcompany will be entitled to withdraw Rs. 1.8 crore without furnishing any guarantee or security.
Needless to say, the said withdrawal shall be subject to final adjudication of the present matter.
Call on 05.03.2018 for final disposal. As agreed to by the learned counsel for the parties, it shall be taken up on that day at 2.00 P.M.”
2. It is submitted by learned counsel for the respondent that he is not in a position to withdraw the amount as the respondentcompany has its headquarters in Thailand.
3. Though we have taken note of the said submission, we direct the concerned Registrar of the High Court of Calcutta to release the amount, that has been deposited before it, in favour of the respondent subject to obtainment of permission of remittance from the competent authority of the Reserve Bank of India.
4. List after four weeks.
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