Citation : 2021 Latest Caselaw 1067 Cal/2
Judgement Date : 23 September, 2021
1
OD-78
EC/97/2020
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
GOURANGA LAL CHATTERJEE CONSTRUCTION PVT. LTD.
VS
THE STATE OF WEST BENGAL AND ORS.
BEFORE:
The Hon'ble JUSTICE RAVI KRISHAN KAPUR
Date : 23rd September, 2021.
Mr. Paritosh Sinha, Mr. Arindam Mandal, Advocates for the respondents.
The Court: None appears on behalf of the decree holder nor is any
accommodation prayed for on their behalf. The matter had appeared on an earlier
occasion, i.e., on 20th September, 2021, when the decree holder was also not
represented. Mr. Sinha appears on behalf of the State of West Bengal and submits
that pursuant to an order dated 5th April, 2019 passed by the Competent Court
the decree sought to be executed has been stayed on certain terms and
conditions.
It is further submitted on behalf of the judgment debtor that no purpose
would be served in keeping this application alive.
In view of the aforesaid, EC/97/2020 is dismissed for default.
Liberty is granted to the decree holder to take back the certified copy of the
award sought to be executed after replacing the same with a copy thereof.
Liberty is also granted to the petitioner to file a fresh execution application
in accordance with law, if the circumstances so warrants.
(RAVI KRISHAN KAPUR, J.)
pkd/mg.
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