SAMBUDDHA CHAKRABARTI, J. - (1.) This matter has appeared before us under the heading "Application(Adjourned)". While hearing the application, with the consensus of the parties we propose to hear the appeal itself treating the same as on day's list.
(2.) The order impugned in this appeal was passed by the Learned Trial Judge on February 18, 2011, whereby the Learned Trial Judge had, inter alia, directed the defendant i.e. the appellant before us to put in a sum of Rs. 4.3 Crore by way of fixed deposit with a nationalised bank to the satisfaction of the Registrar, Original Side within a period of four weeks from the date of the order. In default of such deposit the Court directed that there would be a decree in favour of the plaintiff in the sum of Rs. 4.3 Crore together with interest at the rate of 6% per annum from March 26, 2008 till realisation. The Learned Judge further observed that the defendant's objection as to jurisdiction had been preserved in view of an order passed on August 19, 2009 made on an application filed by the defendant apparently under Order VII Rule 10 of the Code of Civil Procedure.
(3.) The whole exercise originated out of a suit filed by the respondent herein seeking the following reliefs:- "The plaintiff prays for leave under Clause 12 of the Letters Patent and claims : a) A decree for Rs. 6,50,96,723/- as stated in paragraph 17 herein above; b) Interest pendentelite, further interest and interest upon Judgment; c) A decree for damage assessed at Rs. 3,80,00,000.00 s pleaded in paragraph 20 hereinabove; d) Alternative an enquiry into the damages and decree for such sum as may be assessed as damages; e) Judgment upon admission; f) Attachment and attachment before Judgment; g) Injunction; h) Mareva Injunction; i) Receiver; j) Costs; k) Further or other reliefs.";