Sicpa India Private Limited vs M/S. Harsh Credits Private ...
2021 Latest Caselaw 225 Cal/2

ORDER SHEET
                                                                          OD-50

                             EC No. 289 of 2020
                      IN THE HIGH COURT AT CALCUTTA
                    ORDINARY ORIGINAL CIVIL JURISDICTION


                       SICPA INDIA PRIVATE LIMITED
                                 VERSUS
               M/S. HARSH CREDITS PRIVATE LIMITED AND ORS.


  BEFORE:
  The Hon'ble JUSTICE DEBANGSU BASAK

Date: 1st March, 2021.

(Via Video Conference) Appearance:

Mr. Anirban Ray, Adv.

Mr. Swarajit Dey, Adv.

For the award-holder.

Mr. Priyankar Saha, Adv.

Mr. Amritam Mandal, Adv.

For the judgment debtor nos. 1 and 3.

Mr. Swatarup Banerjee, Adv.

Mr. K. K. Pandey, Adv.

For the judgment debtor nos. 2 and 4.

The Court :- The execution petition is taken up for consideration

subsequent to the order dated January 27, 2021.

Learned Advocate appearing for the judgment debtor nos. 1 and 3 submits

that, the affidavit of assets is ready.

The affidavit of assets of the judgment debtor no.1 filed in Court be taken

on record. So far as the judgment debtor no.3 is concerned, learned Advocate

contends that, the judgment debtor no.3 is not a party to the arbitration

agreement. No award could be passed against the judgment debtor no.3. He

seeks direction for filing affidavits in this matter. He reserves the right to take

appropriate steps with regard to the execution petition.

Learned Advocate appearing for the judgment debtor nos. 2 and 4 submits

that, they are not parties to the arbitration agreement. No award could be passed

against them. He seeks directions for filing affidavits in the execution petition

with the right to apply before the appropriate forum so far as the award is

concerned being reserved.

In such circumstances, it would be appropriate to permit the parties to file

affidavits.

Let affidavit in opposition be filed within three weeks from date. Affidavit in

Reply thereto, if any, be filed within one week thereafter.

List the execution petition as "Chamber Applications For Final Disposal"

four weeks hence.

(DEBANGSU BASAK, J.)

snn.