BARANAGORE JUTE FACTORY PLC. AND ORS. Vs. SHREEKISHAN OMPRAKASH AND ORS.
LAWS(SC)-2015-3-22
SUPREME COURT OF INDIA (FROM: CALCUTTA)
Decided on March 12,2015

Baranagore Jute Factory Plc. And Ors. Appellant
VERSUS
Shreekishan Omprakash And Ors. Respondents

JUDGEMENT

- (1.) Leave granted.
(2.) These appeals by Special Leave have been filed against the impugned order dated 14.8.2014 passed by the Division Bench of the Calcutta High Court in ACO No. 38 of 2014 and APOT No. 230 of 2014 in CP. No. 2 of 1987. By the impugned order, the Division Bench affirmed the order dated 20.2.2014 passed by the Company Judge in T.A. No. 125 of 2012 on an application filed by the Appellant praying for a direction to make over the money deposited with the Registrar, Original Side of the Calcutta High Court in terms of earlier order dated 23.2.2011 together with the interest to the Appellant.
(3.) A perusal of the order dated 20th February, 2014 would show that there are nine applications including one made by a Judges' Summons taken out by M/s. L.P. Agrawalla & Company praying for directions to make over to the applicant the money lying deposited in terms of the order dated 23rd February, 2011. The Company Judge noticed that the application in which the order dated 23rd February, 2011 was passed is still pending and the application to obtain an order of refund is seriously under challenge in one of the pending nine applications. The Company Judge, therefore, was of the view that the proper course would be to dispose of all the applications in the facts and circumstances of the case.;


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