Voltas Limited vs Kolkata Environmental ...
2022 Latest Caselaw 400 Cal/2

OD-2
                                  EC/14/2020
                      IN THE HIGH COURT AT CALCUTTA
                       Ordinary Original Civil Jurisdiction
                                ORIGINAL SIDE
                             (Via Video Conference)



                           VOLTAS LIMITED
                                VS
             KOLKATA ENVIRONMENTAL IMPROVEMENT PROJECT


  BEFORE:
  The Hon'ble JUSTICE RAVI KRISHAN KAPUR

Date : 9th February, 2022.

Appearance:-

Mr. Sakya Sen, Adv.

Mr. Alok Kumar Ghosh, Adv.

Mr. Gopal Chandra Das, Adv.

Mr. Rudranil De, Adv.

The Court:- This is an application for execution of an award dated 30th

March, 2019. The award is for a sum of Rs.1,39,36,190.44. Pursuant to an

earlier order of the Court dated 6th December, 2021, a Co-ordinate Bench of this

Court directed the judgment debtor to make payment of the entire sum of the

decree-holder.

By an order dated 21st December, 2021, the Hon'ble Division Bench in

APOT No. 211 of 2021 connected with EC No. 14 of 2020 had also directed the

judgment debtor to make payment by 10th January, 2022. It is submitted on

behalf of the decree-holder that notwithstanding earlier orders of Court, the

judgment debtor has failed to make payment of the decretal dues.

Mr. Ghosh, Advocate appearing on behalf of the judgment debtor submits

that an application under Section 34 of the Act had been filed and is pending

before the Alipore Court.

I have heard the parties. I am of the view that, the fact of pendency of the

applications under Sections 34 and 36 of the Act was considered both by Co-

ordinate Bench as well as by the Hon'ble Division Bench.

In view of the aforesaid, it appears that there has been a clear violation of

the orders.

As a last opportunity and since there is no stay of any earlier order of

Court, the judgment debtor is directed to make payment of the entire decretal

dues to the decree holder by 21st February, 2022.

(RAVI KRISHAN KAPUR, J.)

D.Ghosh