Micky Metals Limited vs Monojit Chakraboroty
2021 Latest Caselaw 439 Cal/2

ODC-8
                                 ORDER SHEET

                                  EC/71/2021

                      IN THE HIGH COURT AT CALCUTTA
                       Ordinary Original Civil Jurisdiction
                                ORIGINAL SIDE
                             (Commercial Division)

                           MICKY METALS LIMITED
                                  Versus
                          MONOJIT CHAKRABOROTY


  BEFORE:
  The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA
  Date : 28th June, 2021.
  [Via Video Conference]

                                                                          Appearance:
                                                               Mr. Rupak Ghosh, Adv.
                                                           Mr. Rajesh Upadhyay, Adv.
                                                                   Mr. Ratul Das, Adv.
                                                                Mr. Akshay Jain, Adv.



         The Court : This is an application for executing an Award dated 9th

  December, 2020. The award-holder is entitled to a sum of approximately

  Rs.28 lakhs.

         Counsel for the decree-holder submits that the execution application

  was filed within two years of the Award and hence, the decree-holder is

  entitled to move without notice to the award-debtor. Since the award-holder

  is not aware of the assets of the award-debtor, he seeks a direction for the

  award-debtor to file his affidavit of assets. The award-debtor is, accordingly,

  directed to file his affidavit of assets within 10 weeks from date.
                                            2


            The decree-holder will communicate this order to the judgment-

     debtor within 24 hours from date and in the event the judgment-debtor fail

     to file his affidavit of assets in appropriate form or within the time specified,

     appropriate orders including warrant of arrest will be passed on the next

     occasion.

            The prayer made on behalf of the award-holder for restraint on the

     award-debtor for transferring his assets refused since by an order dated 23rd

     March, 2021 passed by a co-ordinate Bench, the learned Judge was of the

     view that the petitioner is entitled to execute the Award and had also vacated

     a restraint order dated 5th March, 2021 on that basis.

            Let the matter appear after 12 weeks from date.

            Urgent certified website copies of this order, if applied for, be supplied

to the parties subject to compliance with all requisite formalities.

            .

(MOUSHUMI BHATTACHARYA, J.)

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