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1995 Supreme(SC) 1110

K.RAMASWAMY, K.S.PARIPOORNAN
Abhijit Tea Company Private LTD. – Appellant
Versus
Terai Tea Company Private LTD. – Respondent


Advocates:
DILIP SINHA, H.K.PURI, J.R.DAS, KAPIL SIBAL, N.R.CHAUDHARY, SANTOSH HEGDE, SOM NATH MUKHERJI, V.N.DWIVEDI

ORDER

1. The petitioner herein is M/s. Abhijit Tea Co. (P) Ltd. and the respondents are (1) Registrar (Original Side), Calcutta High Court, (2) M/s. The New Red Bank Tea Co., Calcutta and (3) Shri Rabin Pal, Managing Director of the Second respondent Company.

2. A Division Bench of the Calcutta High Court, while disposing of Appeal No. 514 of 1992 on 25-4-1994, directed the Registrar (Original Side), High Court of Calcutta (hereinafter referred to as Registrar), the first respondent herein to refund a sum of Rs. 19,33,873.74 to the petitioner. The said amount was held in Court deposit. An application for review was filed in the case. One of the members of the Bench had, by the, retired. The other member of the Bench, Shyamal Kumar Sen, J. by order dated 21-7-1994, rejected the review application, but directed the Registrar to hold the money for further one week. The petitioner herein filed Special Leave Petition (C) No. 9575 of 1994 in this Court and assailed the said direction. A Bench of this Court noticed another review application, filed by the party respondent in the meanwhile, was pending disposal, but, by order dated 16-8-1994 held that the direction issued by the learned Si







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