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Judgment
The Court : This matter has been listed before this Court pursuant toa judgement dated 15th February, 2018 passed by the Hon’ble Supreme Court
and a subsequent Report filed by the Registrar, Original Side, dated 29th March, 2018. By the above judgement, the Hon’ble Supreme Court has
been pleased to direct, inter alia, as follows:
“ xxx  xxx  xxx  xxx  xxx  xxx  xxx xxx  xxx  xxx  xxx  xxx
5) The plaintiff (respondent No.1) filed a civil suit being C.S. No. 15 of 2014 in the High Court at Calcutta on its original side against the defendants
(appellant and respondent Nos. 2 and 3) for recovery of Rs.1,43,18,537/- on 13.01.2014. The suit was based on some commercial dealings exchanged
between the parties in relation to services and supply of goods etc.
39) In the light of the foregoing discussion, the appeal succeeds and isallowed. The judgements of the Single Judge and Division Bench are set aside.
The appellant’s (defendant No.1) application filed under Order IX Rule 13 of the Code (GA No. 766/2016) is allowed. As a consequence, the ex
parte decree dated 09.02.2015 passed in C.S. No. 15/2014 is set aside. The civil suit is restored to its original file.
40) Parties to appear before the concerned Court on 05.03.2018 to enable theCourt to decide the suit. The appellant (defendant No.1) will be granted
an opportunity to file the written statement. The Court will ensure disposal of the suit on merits in accordance with law within a year as an outer limit.
41) It was, however, brought to our notice that during the pendency of thisappeal, the appellant was asked to deposit a sum of Rs.47.50 lakhs which
they have deposited. Now that the suit is restored to its original file for its decision on merits, we make it clear that the deposit and withdrawal of
Rs.47.50 lakhs would be subject to the final result of the suit.
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It is pertinent to mention that although a direction was given for the parties to appear before the concerned Court on 5th March, 2018 to enable the
Court to decide the suit, in view of the ongoing ceasework, this matter has been listed today for the first time. Appropriate steps will be taken as soon
as counsel representing the parties appear before this Court on resumption of normal business / cessation of cease work, whichever is earlier.