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1997 Supreme(Cal) 16

S.K.MUKHERJEE, RANAJIT KUMAR MITRA
M/S. MERCHANTS OF TRADERS (P) LTD – Appellant
Versus
M/S. SARMON PVT. LTD – Respondent


Advocates Appeared:
BACHAVAT, C.K.SAHA, K.L.Yadav, N.N.Dutt, SOUMITRA SEN

S. K. MOOKHERJEE, J.

( 1 ) THE present appeals are directed against an order, dated 2nd July, 1991, passed by a learned single judge of this court. In suit No. 593 of 1990, on the Original Side of this court, whereby the learned Judge granted leave to the appellants/defendants to defend the suit, instituted by the plaintiff/respondent, inter alia, for recovery of a sum of Rs. 37,73,250. 60 with interest, under Order 37 of the Code of Civil Procedure, on deposit of Rs. 30 lakhs with the Registrar, Original Side, within a month from date of order, either to cash or by Bank Guarantee or by real properties within the jurisdiction of the said court. During the pendency of the appeals. on an interlocutory application, a Division Bench of this court, by an order dated 29th June, 1992, inter alia, granted stay on furnishing of security, in the form of Bank Guarantee, by the appellants, for a sum of Rs. 15 lakhs and in the same order permitted the defendants/appellants to defend the suit upon tiling written statements and permitted also the trial court to proceed with the suit. Subsequently, by several orders, following orders passed by the apex court, further directions were given regardi


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