Talt Ahmed & Ors vs Prabhadeep Construction Pvt. ...
2021 Latest Caselaw 442 Cal/2

OD-1
                                ORDER SHEET
                     IN THE HIGH COURT AT CALCUTTA
                      Ordinary Original Civil Jurisdiction
                               ORIGINAL SIDE
                            [Via Video Conference]

                              EC/243/2017
                 IA NO: GA/1/2018 (Old No: GA/2016/2018)

                        TALT AHMED & ORS.
                              Versus
              PRABHADEEP CONSTRUCTION PVT. LTD. & ORS.


 BEFORE:
 The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA

Date : 29th June, 2021 Appearance:

Mr. Paritosh Sinha, Adv.

Mr. Dripto Majumder, Adv.

...for the award-holders

Mr. Rajarshi Dutta, Adv.

...for the judgment-debtors

The Court : The Advocate-on-Record of the award-holders places a

judgment of Justice Debangsu Basak delivered on 7th April, 2021 in which

paragraph 88 mentions the present application being IA NO: GA/2/2020 in

EC/243/2017. EC/243/2017 is the execution case which is before this Court.

It is submitted on behalf of the award-holders that by the said judgment the

present execution application was held to be a "commercial dispute" within the

meaning of the Commercial Courts Act, 2015 for which leave is sought for

taking back the original certified copy of the award. Paragraph 88 of the

judgment also states that the petitioner will have the liberty to file fresh

application for execution of the award before the Commercial Division.

In view of the above, the Advocate-on-Record appearing for the award-

holders is given liberty to take back the original certified copy of the award

dated 15th September, 2015. The concerned department is to act in terms of

this order.

EC/243/2017 is accordingly dismissed as withdrawn. IA NO: GA/1/2018

is also disposed of in terms of the above order. Any other applications or orders

pending in EC/243/2017 shall also be disposed of or vacated as the case may

be .

(MOUSHUMI BHATTACHARYA, J.)

TO