- (1.) This appeal is directed against an order dated 1st March 10, 2010 passed by the Honble First Court disposing of an application under Order 41 Rule 6 (2) of the Code of Civil Procedure filed by the judgment-debtor His Lordship was pleased to grant stay of operation of the order dated February 6, 2001 and February 16, 2001 upon depositing the Title Deeds of the entire Dankuni properties by way of a security. The Honble First Court was further pleased to restrain the judgment debtor from transferring, alienating, disposing of or otherwise creating any third party interest in respect of the aforesaid properties.
(2.) The decree holder obtained a decree on 9th September 1987 for a sum of Rs. 95,67,537.31 together with the interest @ 9% p.a. in a Suit no. 1010 of 1979.
(3.) Being aggrieved, the judgment debtor namely Shaw Wallace and Company Ltd. preferred an appeal being Appeal no. 322 of 1988. In the said appeal an application for stay of the operation of the said decree was filed. By an order dated February 27, 1999 the Honble Appeal Court stayed the operation of the decree unconditionally until 15th March 1990 subject to the said judgment debtor depositing a sum of Rs. 25 lacs in cash within 15th March 1990 with Mr. G. C. Banerjee, Manager, Grindlays Bank Plc. (now Standard Chartered Bank), Church Lane Branch, Kolkata who shall hold the said sum as Receiver with further direction to secure the balance sum of Rs. 1.75 crores by way of bank guarantee in the manner as would appear therefrom.;