Ane Industries Pvt Ltd And ORS v. Srei Equipment Finance Limited

OD - 2 ORDER SHEET APOT 225 OF 2021 WITH AP 278 OF 2021 IA No: GA 1 OF 2021

IN THE HIGH COURT AT CALCUTTA

Civil Appellate Jurisdiction ORIGINAL SIDE ANE INDUSTRIES PVT LTD AND ORS.

VS SREI EQUIPMENT FINANCE LIMITED

BEFORE:

The Hon'ble JUSTICE I. P. MUKERJI The Hon'ble JUSTICE ANIRUDDHA ROY Date : 24TH December, 2021.

Appearance:

Mr. A. Mookerjee, Adv.

Mr. S. Ray, Adv.

...For the Appellant Mr. Swatarup Banerjee, Adv.

...For the Respondent The Court : We admit the appeal.

In our opinion, this appeal is misconceived.

The impugned order dated 9th December, 2021 clearly records that none had appeared for the appellants/respondents before the trial Court, neither any affidavit-in-opposition had been filed. If the appellants/respondent felt aggrieved by the said impugned order dated 9th December, 2021, they should have approached the learned single judge for vacation or modification of that order in stead of approaching the appellate Court straightaway. In those circumstances, this appeal (APOT No.225 of 2021) and the stay application (GA No.1 of 2021) are disposed of with liberty granted to the appellants/respondent to approach the learned trial judge. (I. P. MUKERJI, J.) (ANIRUDDHA ROY, J.) A Dey