AMIT MINES PRIVATE LIMITED Vs. MAITHAN ALLOYS LTD

JUDGEMENT

(1.) The application C.A.N. 2147 of 2015 has been filed by the appellant in the above appeal praying for recalling and/ or modification of the orders dated January 13, 2014, January 29, 2014 and February 12, 2015 passed by this Division Bench. The order dated January 29, 2015 was passed in the application C.A.N. 789 of 2015 filed by the respondent/plaintiff.

(2.) The facts and circumstances in which the aforesaid orders were passed may be stated. The appellant/defendant filed the above appeal against the judgment and decree dated November 05, 2014 passed by the learned Civil Judge (Senior Division), Assansol, in Title Suit No. 32 of 2008 declaring that the plaintiff/respondent is entitled to get and/or refund back the excess money paid to the defendant/appellant in advance and the defendant/appellant is bound to refund the same and appointing an Accounts Commissioner in the matter of accounting the exact amount recoverable by the plaintiff/respondent from the defendant/appellant.

(3.) In the above appeal, the appellant/defendant also filed the stay application being CAN 12456 of 2014. By an order dated January 14, 2015, we entertained the appeal and in connection with the said stay application directed that the pendency of the appeal shall not prevent the Accounts Commissioner to proceed with his work and upon completion of the same, to file his report, but the learned Trial Judge shall not pass the final decree without the leave of this Court.