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2016 Supreme(Cal) 529

JYOTIRMAY BHATTACHARYA, ISHAN CHANDRA DAS
A. D. Electrosteel Co. Pvt. Ltd. – Appellant
Versus
Sarralle Equipment (India) Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Mainak Bose, Mr. Aditya Garodia, Mr. Pintu Ghosh.
For the Respondent: Mr. Avrajit Mitra, Mr. Rupak Ghosh, Mr. Rahul Auddy, Mr. Jayanta Bhattacharya, Mr. Fazlul Haque.

Jyotirmay Bhattacharya, J. :

1. This first miscellaneous appeal is directed against an order being No. 2 dated 21st September, 2016 passed by the Learned Judge, 6th Bench, City Civil Court at Calcutta in Title Suit No. 1232 of 2016 at the instance of the defendant no.2/appellant.

2. By the impugned order, the defendant nos. 1 and 3 were restrained from making any payment in any form whatsoever direct or indirect against the letter of credit No. 0036316DL0000004 dated 10th March, 2016 being annexure ‘D’ for a sum in excess of Rs. 41,92,000/- till 3rd November, 2016. The instant first miscellaneous appeal is directed against the said ad interim order of injunction passed by the learned Trial Judge.

3. This appeal was admitted for hearing on 5th October, 2016. However, ad interim order of injunction which was passed by the learned Trial Judge, was not stayed by this Court pending disposal of the appeal. The appellant was directed to serve copy of the memorandum of appeal as well as application for stay upon the respondents. Such service was effected.

4. Today when the said application for stay was taken up for hearing, we are requested by the learned counsel appearing for the parties to d




























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