Darjeeling Organic Tea Estate ... vs National Insurance Company Ltd
2021 Latest Caselaw 197 Cal/2

ORDER SHEET
                                                                           OC-7


                                  EC/30/2021
                        IN THE HIGH COURT AT CALCUTTA
                      ORDINARY ORIGINAL CIVIL JURISDICTION
                             COMMERCIAL DIVISION


                 DARJEELING ORGANIC TEA ESTATE PVT. LTD.
                                 VERSUS
                    NATIONAL INSURANCE COMPANY LTD.


  BEFORE:
  The Hon'ble JUSTICE DEBANGSU BASAK

Date: 23rd February, 2021.

(Via Video Conference)

Appearance:

Mr. Soumya Roy Chowdhury, Adv.

Ms. Pubali Sinha Chowdhury, Adv.

Mr. Debajyoti Datta, Adv.

Mr. Arijeet Doss Mullick, Adv.

The Court: Award dated August 17, 2020 is sought to be executed in this

execution petition.

Learned advocate appearing for the judgment debtor submits that an

application under Section 34 of the Arbitration and Conciliation Act, 1996 and an

application under Section 36 thereof were filed. Such applications were directed

to be taken up in the Commercial Division. Such applications are due to appear

on March 1, 2021.

Learned advocate appearing for the award holder submits that, there is no

stay of the award.

In view of the fact that there is no stay of the award dated August 17, 2020

and in view of the prayer of the award debtor in terms of prayer (a) of Column 10

of the Tabular Statement and in view of the fact that the award remains

outstanding it would be appropriate to pass an order in terms of prayer (a) of

Column 10 of the Tabular Statement limited to the assets and properties

mentioned in schedule (i) of the execution petition.

Let affidavit in opposition be filed within two weeks from date; reply, if any,

within two weeks thereafter. List the execution petition under the heading

"Chamber Application for Final Disposal" five weeks hence.

(DEBANGSU BASAK, J.)

sp/