Kaushalya Infrastructure ... vs National Highway Authority Of ...
2021 Latest Caselaw 129 Cal/2

ORDER SHEET

                                                                           OD-91
                            IA No. GA 1 of 2021
                                    In
                            EC No. 418 of 2016
                     IN THE HIGH COURT AT CALCUTTA
                   ORDINARY ORIGINAL CIVIL JURISDICTION


   KAUSHALYA INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED
                             VERSUS
               NATIONAL HIGHWAY AUTHORITY OF INDIA



  BEFORE:
  The Hon'ble JUSTICE DEBANGSU BASAK
  Date: 10th February, 2021.

  (Via Video Conference)
                                                                    Appearance:
                                                       Ms. Meenakshi Manot, Adv.

                                                            Mr. Dipankar Das, Adv.


      The Court :-Learned Advocate appearing for the award-holder submits

that, the disputes stand settled out of Court. She seeks leave to withdraw the

execution petition and interim application filed therein.

      Learned Advocate appearing for the judgment debtor submits that,

pursuant to an order dated August 10, 2016, the judgment debtor deposited a

sum of Rs.5 (five) crores with the Registrar, Original Side. The judgment debtor

was allowed to withdraw a sum of Rs. 48 (fortyeight) lakhs on September 21,

2016. He submits that, the balance amount lying with the Registrar, Original

Side along with the accrued interest thereon should be directed to be refunded by

the Registrar, Original Side to the judgment debtor.
                                           2


       Since the award-holder is not willing to proceed with the execution petition

and the interim application on account of settlement, no fruitful purpose will be

subserved by keeping the same pending.

       EC No. 418 of 2016 and IA No. GA 1 of 2021 are, accordingly, disposed of.

       In the execution petition, orders dated August 10, 2016 and August 21,

2016 were passed. By the order dated August 10, 2016 the respondent was

required to deposit a sum of Rs. 5 (five) crores with the Registrar, Original Side

which the respondent did. The order dated September 21, 2016 permitted the

respondent to withdraw a sum of Rs. 48 (fortyeight) lakhs from the Registrar,

Original Side which the respondent did.

In the facts of the present case, it would be appropriate to direct the

Registrar, Original Side to refund the balance amount lying with him along with

the accrued interest thereon to the judgment debtor within a period of fortnight

from the date of communication of this order to him.

Learned Registrar, Original Side is at liberty to encash the fixed deposits on

a premature basis if necessary.

The Court is informed that, apart from the deposits with the Registrar,

Original Side, the judgment debtor is maintaining a fixed deposit of Rs.3.5 crores

to the credit of the award holder.

In view of the execution petition being disposed of the judgment debtor is

absolved of the rigours attached to the sum of Rs.3.5 crores. The judgment

debtor is at liberty to deal with the same.

(DEBANGSU BASAK, J.)

snn.