Central Inland Water Transport ... vs Maeksin Shipping Co. Pvt Ltd
2021 Latest Caselaw 1642 Cal/2

OD-24

                                ORDER SHEET

                                 EC/264/2019

                      IN THE HIGH COURT AT CALCUTTA
                       Ordinary Original Civil Jurisdiction
                                ORIGINAL SIDE


        CENTRAL INLAND WATER TRANSPORT CORPORATION LIMITED
                               Versus
                    MAEKSIN SHIPPING CO. PVT LTD.


  BEFORE:
  The Hon'ble JUSTICE RAVI KRISHAN KAPUR
  Date : December 16, 2021.
  [Via video conference]



                                                                        Appearance:
                                                            Mr. Priyankar Saha, Adv.
                                                         Mr. Ashok Kumar Jena, Adv.
                                                                Mr. Abhra Jena, Adv.

      The Court: This is an application for execution of an Award dated 19th

December, 2017. It is submitted on behalf of the petitioner that the application

under Section 34 of the Arbitration and Conciliation Act is pending. There is no

stay of the Award dated 19th December, 2017. I find from the order dated 26th

November, 2018 that a Co-ordinate Bench had whilst hearing the application

under Section 34 of the Arbitration and Conciliation Act, 1996 categorically

found that the respondent was not willing nor in a position to secure the amount

directed to be paid under the Award.

Accordingly, I am of the view that there is no embargo in the petitioner

executing the Award dated 19th December, 2017.

In view of the aforesaid, there shall be an order of injunction in terms of

prayer (g) of the Tabular Statement save and except the bank account of the

judgment-debtor.

I make it clear that the order of injunction is only in respect of the

immovable and movable properties specified in paragraph 8 of the affidavit in

support of the Tabular Statement. The petitioner is directed to effect service of a

notice on the judgment-debtor and file an affidavit-of-service on the returnable

date.

Let this matter appear on January 11, 2022.

(RAVI KRISHAN KAPUR, J.)

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