Calcutta High Court
Laxmi Pat Surana vs Pantaloon Retail India Ltd. & Ors on 9 September, 2020ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
A.P. No. 380 of 2017
LAXMI PAT SURANA
Versus
PANTALOON RETAIL INDIA LTD. & ORS.
BEFORE:
The Hon’ble JUSTICE ARINDAM SINHA
Date : 9th September, 2020.
Appearance:
Mr. Laxmin Pat Surana,
Petitioner in person
Mr. Ranjan Bachawat, sr. adv.
Ms. Adreeka Pandey, adv.
Mr. Arindam Guha, adv.
Mr. Debjyoti Saha, adv.
Mr. Debnath Ghosh, adv.
Ms. Pooja Chakraborty, adv.
Ms. Richa Goyal, adv.
… for respondent.
Mr. S. K. Kapur, sr. adv.
… for respondent nos. 1 & 4.
Mr. R. Deb, sr. adv.
… for respondent nos. 2 and 3.
The Court : Petitioner appears in person and prays for orders on the
arbitration petition for interim measure. Mr. Kapur, learned senior advocate
appears on behalf of respondent nos. 1 and 4 and submits, all alleged or
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purported rights or claims of petitioner have merged in the award already made.
However, since respondent nos. 2 and 3 will answer claim or the cause he adds
nothing further.
Mr. Deb, learned senior advocate appears on behalf of respondent nos. 2
and 3. He is ready to resume and conclude his submissions. However, it is
necessary, before that, to make a clarification on record of observations and
query put in order dated 18th August, 2020, for respondents to answer.
In addition to extract made in order dated 18th August, 2020, from order
dated 21st March, 2012 (of Banerjee, J.), one more paragraph from order dated
21st March, 2012 is extracted and reproduced below:-
“Prima facie, it does not appear, that the respondents have
any defence at the moment to the net claim of about Rs.7.5 crore
that the petitioner has made. As a consequence, the respondents
will be entitled to remove their men, machines, property and effects
from the complex at Kharagpur only upon the respondents
depositing a sum of Rs.6.5 crore with advocate representing the
respondents who shall immediately invest it by way of a fixed
deposit with any nationalised bank having its branch within the
vicinity of this Court and the fixed deposit will be held by advocate
representing the respondents as Receiver without remuneration,
free from all lien and encumbrances and liable to be renewed
unless expressly provided otherwise by any appropriate authority.
Till such time that the deposit is made, the respondents will not be
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permitted to remove their goods, assets or property from the
complex.”
It is clear from said order to furnish security, directed to be cash security
and later modified in appeal to be security by bank guarantee, was for the
purpose of respondents being entitled to remove their men, machines, property
and effects from the complex at Kharagpur. On this clarification having been
made, respondents are put on notice of the query, in that context, recorded in
order dated 18th August, 2020. They shall be heard on next notified date, after
which petitioner appearing in person will be heard.
List on next notified date.
(ARINDAM SINHA, J.)
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