Eastern Coalfields Ltd vs M/S.United Enterprises (I) O on 4 March, 2025

Calcutta High Court

Eastern Coalfields Ltd vs M/S.United Enterprises (I) O on 4 March, 2025

Author: Soumen Sen

Bench: Soumen Sen

OD-1
                                 ORDER SHEET

                     IN THE HIGH COURT AT CALCUTTA
                         Civil Appellate Jurisdiction
                               ORIGINAL SIDE

                               APOT/388/1998
                                   WITH
                                AC/98/1993
                   IA NO: GA/1/1998 (Old No:GA/1913/1998)

                         EASTERN COALFIELDS LTD.
                                  VERSUS
                        M/S.UNITED ENTERPRISES (I) O


  BEFORE:
  The Hon'ble JUSTICE SOUMEN SEN
             AND
  The Hon'ble JUSTICE BISWAROOP CHOWDHURY
  Date : 4th March, 2025.
                                                                       Appearance:
                                                   Mr. Shubrojyoti Mookherjee, Adv.
                                                         Mr. Anil Kumar Dhar, Adv.
                                                     Mr. Saptarshi Mukherjee, adv.
                                                          Mr. Pratik Acharjee, Adv.
                                                                 ...for the appellant

                                                          Mr. Lal Ratan Mondal, Adv.
                                                      Mr. Nemai Chandra Saha, Adv.
                                                                 ...for the respondent

1. The reports filed by the Registrar, Original Side and Registrar, IT

are taken on record.

2. The reports reveal that an order was passed on 22nd June, 1998 in

APOT/388/1998, GA/1913/1998 in AC/98/1993 (Eastern

Coalfields Limited vs. M/S. United Enterprises (I) O) directing

furnishing of security for the decretal amount to the satisfaction of

the Registrar, Original Side within a period of three weeks as a

condition precedent for stay of execution of the decree. Direction

was passed for filing paper-books.

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3. The appellant furnished security in the form of bank guarantee.

4. The appeal was dismissed for default on 16th August, 2005. The

said order was transcribed in APO/343/1998 with AC/98/1993.

5. After almost six years, an application was filed by the ECL being

GA/1952/2011 for renewal of the bank guarantee. The said

application was also filed in APO/343/1998.

6. The conversion from APOT/388/1998 to APO/343/1998 could not

be explained by the department. The department was of the view

that APOT/388/1998 was not converted and re-numbered as

APO/343/1998 although the appeal was treated as

APO/343/1998. It is possible that after disposal of the stay petition

and during migration, the appeal was assigned the nomenclature

‘APO’ and was renumbered as APO/343/1998.

7. ECL has filed an application being GA/2/2024 in APOT/388/1998

for extension of time to file bank guarantee. The said application

was allowed on 27th November, 2024. Noticing discrepancies in the

record, an order was passed on 17th February, 2025 directing the

department to file a detailed report.

8. The Registrar, IT in his report has stated that it is not possible to

ascertain the person who had entered APO/343/1998 in the

system and there is nothing on record to show that

APOT/388/1998 was converted and re-numbered as

APO/343/1998.

9. However, having regard to the identity of the parties and the series

of orders passed in APOT/388/1998, we direct the Registrar, IT
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and all the departments concerned to treat APO/343/1998 as an

appeal against the order and APOT/388/1998 and the application

being GA/1913/1998 filed in APOT/388/1998 shall be recorded as

disposed of on 22nd June, 1998.

10. All future orders in APOT/388/1998 shall be treated to have

been passed in APO/343/1998.

11. In absence of any application or order allowing restoration of

APO/343/1998, we direct the petitioner to file an application for

restoration of the said appeal in order to regularise the court

proceedings.

12. The matter stands adjourned till 26th March, 2025 and the

petitioner shall take out a formal application for restoration of the

appeal within a period of two weeks from date upon prior service to

the learned advocate-on-record for the respondent.

13. Since there have been lapses on the part of the ECL in

furnishing the bank guarantees, as would be evident from the

record, the bank guarantee shall be invoked and the proceeds

thereof shall be kept in a separate fixed deposit account by the

Registrar, Original Side in a nationalised bank yielding highest

return till the disposal of the appeal.

14. The Registrar, Original Side shall file a report with regard to

compliance of this order and disclose the fixed deposit receipts on

the adjourned date.

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15. The Registrar, Original Side is directed to ensure production of

GA/1/1998 (Old No: GA/1913/1998) and all orders passed in

connection with the said application on the adjourned date.

(SOUMEN SEN, J.)

(BISWAROOP CHOWDHURY, J.)

R.Bhar/kc