M/S. Lalji Singh vs Hindustan Cables
2021 Latest Caselaw 148 Cal/2

OD-103
                                       EC/7/2021
                          IN THE HIGH COURT AT CALCUTTA
                           Ordinary Original Civil Jurisdiction
                                    ORIGINAL SIDE
                                 [Via Video Conference]

                                  M/S. LALJI SINGH
                                      VERSUS
                                 HINDUSTAN CABLES

BEFORE:
The Hon'ble JUSTICE DEBANGSU BASAK
Date : 12th February, 2021.
                                                                            Appearance:
                                                              Mr.Tilak Kr. Bose, Sr. Adv.
                                                                         Mr.D.Das, Adv.


          The Court: Learned advocate appearing in support of the execution

application seeks leave to withdraw the execution petition and to file afresh on

the selfsame cause of action. He seeks leave to obtain the certified copy of the

award filed with the execution petition.

          Learned senior advocate appearing for the respondent submits that a

copy of the execution petition be served upon the judgment-debtor.

Since the award-holder seeks to withdraw the execution petition, it

would be appropriate to permit the award-holder to do so.

EC No.7 of 2021 is dismissed as withdrawn with liberty to file afresh on

the selfsame cause of action.

Learned advocate on record for the award-holder is at liberty to obtain

the certified copy of the award annexed to the execution petition upon

furnishing a duly authenticated copy thereof to be kept on record.

(DEBANGSU BASAK, J.) D.Ghosh