The high court dismissed the pending appeal for default due to the appellant's absence after being granted leave to appear. The interim application was disposed of.
Appeal FEA/5/2009 dismissed for default; interim order set aside; respondents entitled to encash bank guarantees.
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OD – 9
FEA/5/2009 IA No.GA/1/2009 (Old No.GA/350/2009)
IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Foreign Exchange) ORIGINAL SIDE
BIMAL SINGH KOTHARI
-Versus-
SPECIAL DIRECTOR, ENFORCEMENT DIRECTORATE & ANR.
BEFORE :
THE HON’BLE JUSTICE DEBANGSU BASAK
And
THE HON’BLE JUSTICE MD. SHABBAR RASHIDI Date : 15th June, 2023
Appearance : Mr. Arijit Chakraborti, Adv. ...for the respondent.
The Court : Appeal is pending since 2009.
Appeal was taken up for consideration on June 8, 2023
when a prayer was made by the learned advocate appearing for
the appellant to retire which was granted. One more
opportunity was granted to the appellant to press the appeal.
The respondents are represented.
The Court is informed that the bank guarantees
furnished are still alive.
In such circumstances, FEA/5/2009 is dismissed for default. Interim order, if any, stands vacated.
2
The respondents are at liberty to encash the bank
guarantee and appropriate the proceeds thereof towards the pro tanto satisfaction of their claim.
The respondents are at liberty to proceed against the appellant for realisation of the balance claim, in accordance with law.
Interim application, IA No.GA/1/2009, stands disposed
of.
(DEBANGSU BASAK, J.)
sm.
BIMAL SINGH KOTHARI
SPECIAL DIRECTOR, ENFORCEMENT DIRECTORATE
DEBANGSU BASAK
MD. SHABBAR RASHIDI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
