Citation : 2022 Latest Caselaw 281 Cal/2
Judgement Date : 3 February, 2022
OD-10
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
ORIGINAL SIDE
EC/237/2021
M/S. CYTECH COATINGS PVT. LTD.
Versus
M/S. G R POLYFILM PVT. LTD.
BEFORE:
The Hon'ble JUSTICE RAVI KRISHAN KAPUR
Date : 3rd February, 2022.
(Via video conference)
Appearance:
Mr. Shaunak Ghosh, Adv.
Ms. Soumita Ghosh, Adv.
Mr. Ishaan Saha, Adv.
Mr. M. S. Tiwari, Adv.
Mr. Hemant Tiwari, Adv.
Mr. Shantanu Mishra, Adv.
The Court: This is an application for execution of an award dated 29th
December, 2020. The award is for a sum of Rs.29,90,633/-. It is submitted on
behalf of the decree holder that though an appeal has been filed before the
Learned 3rd Additional District Judge at Gandhinagar in CMA DC 32 of 2021, no
stay has yet been granted. The matter has been pending since 5th October,
2021. The judgment debtor is represented and submits that an application has
been filed before the appropriate Court at Gujarat and the matter has not yet
been taken up for hearing.
I have heard the parties and I find that there is no embargo in proceeding
with the execution case. There is nothing to demonstrate that there is any order
of stay of the award dated 29th December, 2020.
In view of the aforesaid, there shall be an order in terms of prayer (k) of the
Tabular Statement.
Let this appear on 21st February, 2022 for further hearing.
(RAVI KRISHAN KAPUR, J.)
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