Optimal Power Synergy India Pvt. ... vs Bharat Heavy Electricals Ltd. ...
2021 Latest Caselaw 1358 Cal/2

OD-4, 165 & 272
                                   ORDER SHEET

                         IN THE HIGH COURT AT CALCUTTA
                          Ordinary Original Civil Jurisdiction
                                   ORIGINAL SIDE

                                    EC/156/2020
                                  IA No. GA/1/2020

                     OPTIMAL POWER SYNERGY INDIA PVT. LTD.
                                     -VS-
                     BHARAT HEAVY ELECTRICALS LTD. (BHEL)

                                   RVWO/15/2021

           BHARAT HEAVY ELECTRICALS LTD - ELECTRICALS LIMITED
                                 -VS-
                 OPTIMAL POWER SYNERGY INDIA PVT. LTD.

                                    AP/175/2020

             BHARAT HEAVY ELECTRICALS LTD - ELECTRIC DIVISION
                                  -VS-
                  OPTIMAL POWER SYNERGY INDIA PVT. LTD.


BEFORE:
The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA

Date : 9th November, 2021.

[Via video conference] Appearance Mr. Tilok Bose, Sr. Adv.

Mr. Ganesh Prasad Shaw, Adv.

Mr. Jishnu Saha, Sr. Adv.

Mr. Tauseef Khan, Adv.

Mr. Ishan Saha, Adv.

Mr. Arindam Paul, Adv.

The Court : Learned counsel appearing for the judgment-debtor seeks

leave to comply with a part of the judgment delivered by this Court on 1st

September, 2021 to the extent of 50% of the amount of Rs.2,78,88,228/- to be

deposited by way of a bank guarantee from a reputed bank. It appears that the

judgment-debtor approached the Vacation Bench and by an order dated 26th

October, 2021, the judgment-debtor was given liberty of depositing the bank

guarantee documents by 27th October, 2021 with the Registrar, Original Side and

the acceptance of the same was, however, made subject to the consideration of

this Court.

Learned counsel appearing for the award-holder submits that a review of

the judgment dated 1st September, 2021 is pending consideration which should

also be taken up and further submits that the award-holder should also be given

liberty of withdrawing 50% of the awarded amount under the provision of The

MSME Act, 2006.

Upon hearing learned counsel, this Court is of the view that since the

prayer of the judgment-debtor is towards compliance of the judgment and order,

the bank guarantee documents should be accepted by the Court. The said

documents are accordingly accepted by the Court. The advocate-on-record of the

judgment-debtor is directed to serve copies of these documents on the award-

holder.

The review application along with any other application filed by the

parties shall be listed after a week for any other orders which the parties might

seek.

The award-holder is given time to file its affidavit-in-opposition within two

weeks from date. Reply, thereto, if any, within two weeks thereafter.

List AP/175/2020 after four weeks.

(MOUSHUMI BHATTACHARYA, J.)

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