Full Judgment
ORDER
SHEET T.A.No.145 of 2014 G.A No……….
of 2014 APOT No.587 of 2014 APO No…….
of 2014 Arising out of G.A No.3113 of 2014 C.S.No.34 of 2013 IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION ORIGINAL SIDE CENTURY PLY BOARDS (INDIA) LTD.versus R.
PIYARELALL IMPORT AND EXPORT LIMITED & ORS.BEFORE : The Hon’ble Justice DIPANKAR DATTA -ANDThe Hon’ble Justice ASHIS KUMAR CHAKRABORTY Date : 22nd October, 2014.
(Vacation Bench) Appearance : Mr.Anuj Singh, Adv.Mr.Aiman B.
Abdullah, Adv.Mr.S.P.Sharma, Adv The Court : The appeal is directed against an order dated 26.09.2014 passed by the learned single Judge.
By the said order, the learned Judge dismissed an application presented by the present appellant in a suit, wherein it is not a party.
A submission has been advanced on behalf of the appellant that it has a lien on the subject containers and that it is also entitled to demurrage from the plaintiff/respondent no.1 and without the requisite payment being made to the appellant, the Joint Receivers who had been appointed by the learned Judge earlier should not be allowed to take possession of such containeRs.The learned Judge has recorded in the impugned order that the appellant has no lien over the goods.
We had called upon Mr.Singh, learned advocate for the appellant to prove that the appellant in fact retained lien on the subject containeRs.He has failed to satisfy us in this behalf.
It is also found that only after the orders dated 17th January, 2014 and 27th June, 2014 were passed by the learned Judge directing the Joint Receivers to take possession of the subject containers that the appellant raised a bill on the plaintiff /respondent No.1.
We are of the view that the learned judge has rightly observed to the effect that the right of the appellant cannot be adjudicated in couRs.of the proceeding before His Lordship.
We, therefore, find no reason to interfere in the order under appeal.
The application for stay as well as the appeal, treating it as on day’s list, stand dismissed with the observation that this order shall not preclude the appellant to take recouRs.to law for the purpose of enforcement of its right, if any, and that the Joint Receivers shall proceed to execute the orders passed by the learned Judge on 17th January, 2014 and 27th June, 2014 strictly in terms thereof.
(DIPANKAR DATTA, J.) (ASHIS KUMAR CHAKRABORTY, J)