SHOW VIEW TEA CO. PVT. LTD. Vs. WEST BENGAL TEA BOARD DEVELOPMENT CORPN. LTD.

JUDGEMENT

(1.) THIS is an application by the appellant for stay of the order under appeal dated 14th January, 1980 passed by the court of the first instance. By and under the said order the court of the first instance restrained the appellant from dealing with or disposing of its property known as Kumai Tea Estate. By and under the said order the Court of the first instance also directed that an aggregate sum of Rs. 8 lakhs which has been lying with the Union Bank of India at India Exchange Place Branch to be kept separately in Suspense A/c and the appellant was restrained from withdrawing any part of the said amount until the disposal of the suit.

(2.) AGAINST the said judgment and order this application has been made as stated hereinbefore after preferring an appeal against the said judgment and order of the single Judge for reliefs mentioned in the petition.

(3.) MR . Mitra in support of his submissions relied on Halsbury's Laws of England, volume 32, 3rd Edition Page 428 Paragraph 710; Page 438 Paragraph 734 and Page 439 Paragraph 735.