Starlift Services Pvt. Ltd. @ Abg ... vs Board Of Trustees
2021 Latest Caselaw 84 Cal/2

OD 4

                                    ORDER SHEET

                                     EC/471/2018

                         IN THE HIGH COURT AT CALCUTTA
                       ORDINARY ORIGINAL CIVIL JURISDICTION
                                  ORIGINAL SIDE


          STARLIFT SERVICES PVT. LTD. @ ABG KOLKATA CONTAINER TERMINAL
                                      VERSUS
                     BOARD OF TRUSTEES, KOLKATA PORT TRUST



  BEFORE:
  The Hon'ble JUSTICE DEBANGSU BASAK

Date: 28th January, 2021.

(Via Video Conference)

Appearance:

Mr. Tilak Bose, Sr. Adv.

Mr. Ashok Kr. Jena, Adv.

The Court: The execution petition appears in the list at the instance of the

judgment-debtor.

Learned senior advocate appearing for the judgment-debtor submits that an

award dated April 18, 2011 is sought to be executed by this execution petition.

However, such award stands set aside in a proceeding under Section 34 of the

Arbitration and Conciliation Act, 1996. As on date, there is no appeal pending. He

submits that during the pendency of the execution petition, the judgment-debtor created

two fixed deposits, one with Panjab & Sind Bank, N.S. Road Branch and the other with

Oriental Bank of Commerce, Brabourne Road Branch in the name of the judgment-

debtor. He submits that the original fixed deposit receipts were handed over to the

learned Registrar, Original Side on April 22, 2019. He submits that with the award no

longer being in existence, the execution petition is no longer maintainable. Since the

judgment-debtor created fixed deposits and kept the fixed deposit receipts with the

learned Registrar, Original Side, it would be just and proper that the Court directs the

learned Registrar, Original Side to make over the original fixed deposit receipts upon the

judgment-debtor.

The award-holder is represented.

Learned advocate appearing for the award-holder submits that the award-holder

will prefer an appeal from the order allowing the application under Section 34 of the

Arbitration and Conciliation Act, 1996. He submits that the original fixed deposit

receipts may be made over to the judgment-debtor, however, the execution petition may

be kept pending.

Admittedly, the award put into execution, stands set aside. The award-holder is

yet to prefer an appeal therefrom. As on date, therefore, the execution petition is not

maintainable.

During the pendency of the execution petition, the judgment-debtor created two

fixed deposits and made over the fixed deposit receipts to the learned Registrar, Original

Side. In view of the award being set aside rendering the execution petition infructuous,

at the present moment it would be appropriate to direct the Registrar, Original Side to

make over the original fixed deposit receipts to the judgment-debtor within a fortnight

from date.

The learned Registrar will make over the original fixed deposit receipts to the

learned Advocate-on-Record for the judgment-debtor upon such Advocate-on-Record

issuing valid receipt in respect thereof.

Since the award stands set aside, EC/471/2018 is disposed of.

The award-holder is at liberty to file a fresh execution petition, in the event, the

award is revived.

(DEBANGSU BASAK, J.)

B.Pal