(Kurian Joseph and Mohan M. Shantanagoudar, JJ.)
South Eastern Coalfields Ltd. ________________________ Appellant
v.
Birla Corporation Ltd. & Anr. ____________________ Respondent(s)
Civil Appeal No. 10703 of 2017 [@ Special Leave Petition (C) No. 579 of 2016], decided on August 21, 2017
The Judgement of the Court was delivered by
Kurian, J.:—
1. 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 that 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.
Petition(s) for Special Leave to Appeal (C) No(s). 579/2016
South Eastern Coalfields Ltd _________________________ Petitioner
v.
Birla Corporation Ltd. & Anr ______________________ Respondent(s)
Date: 21-08-2017 This petition was called on for hearing today.
(Before Kurian Joseph and Mohan M. Shantanagoudar, JJ.)
For Petitioner(s) Mr. Anupam Lal Das, AOR
Mr. Anirudh Singh, Adv.
For Respondent(s) Mr. Ranjan Bachawat, Sr. Adv.
Mr. Sanjay Ginodia, Adv.
Mr. Mayank Mishra, Adv.
Mr. Sidharth Sethi, AOR
UPON hearing the counsel the Court made the following
Order
6. Leave granted.
7. The appeal is disposed of in terms of the signed non-reportable Judgment.
8. Pending interlocutory applications, if any, stand disposed of.
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