Judgment:
ORDER
SHEET IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE ACO No.113 of 2012 APO No.90 of 2010 CP No.445 of 2009 RE: QUALCAST INDIA Versus WESMAN ENGINEERING COMPANY PRIVATE LIMITED BEFORE: The Hon'ble JUSTICE KALYAN JYOTI SENGUPTA A n d The Hon'ble JUSTICE ASIM KUMAR MONDAL Date :
16. h May, 2012.
The Court : This is an application for extension of time to furnish security in terms of our judgment and order dated 30th September, 2011.
Security could not be furnished by the petitioner as the judgment and order of this Court was taken to the Apex Court, and they were waiting for the result of the proceedings before the apex Court.
Having found unsuccessful, they have approached this Court for extension of time to furnish security.
It appears that the apex Court has been pleased to dismiss the Special Leave Petition summarily without at all touching the merit of the judgment.
Under these circumstances, considering the aforesaid fact, we grant extension of time to furnish security in terms of our judgment and order.
This security shall be furnished within two weeks after reopening of the Court after summer vacation without fail.
It is also stated in the petition that there is some difficulty to arrange funds.
As such, they want to furnish bank guarantee by Standard Chartered Bank of any branch in Kolkata in lieu of nationalized bank as stated earlier.
We make it clear that once Standard Chartered Bank furnishes bank guarantee, the branch concerned shall be responsible for making payment, if required in future, and the said branch must not refer to the head office or any other branch.
The application is disposed of.
All parties concerned are to act on a signed photocopy of this order on the usual undertakings.
Urgent xerox certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(SENGUPTA, J.) (ASIM KUMAR MONDAL, J.) sm AR[CR].