UMESH C.BANERJEE, SIDHESWAR NARAYAN
BIKASH CHANDRA DEB – Appellant
Versus
VIJAYA MINERALS PVT LTD – Respondent
( 1 ) THIS stay petition is directed against an order of the learned Single Judge, confirming the earlier interim order passed in the matter.
( 2 ) ONE redeeming feature, however, ought to be noted at this juncture that against the grant of interim order in terms of prayers (c) and (d) of the petition, the appellant herein moved this Court on an earlier occasion, but this Court did not consider it fit to pass any order and disposed of the matter with an observation that the main interlocutory application ought to be disposed of with utmost expedition.
( 3 ) THE records depict that the matter has since been finally disposed of by the learned Trial Judge, wherein the interim order passed earlier stands confirmed and it is against the final order in the interlocutory application that mr. Anindya Mitter has moved this application for stay.
( 4 ) MR. Mitter appearing in support of the stay application submitted in no uncertain terms that even though there exists an agreement between the parties but the same relates to specific performance of movables being ordinary articles of commerce and the terms depict that the same is for an indefinite period and does
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