M/S Satabdi Monolithics ... vs M/S Ankit Metal And Power Limited
2022 Latest Caselaw 433 Cal/2

ODC-3
                              EC/289/2021
                    IN THE HIGH COURT AT CALCUTTA
                  ORDINARY ORIGINAL CIVIL JURISDICTION
                             ORIGINAL SIDE
                         [COMMERCIAL DIVISION]


         M/S SATABDI MONOLITHICS INDUSTRIES PRIVATE LIMITED
                                 VS
                 M/S ANKIT METAL AND POWER LIMITED


  BEFORE:
  The Hon'ble JUSTICE RAVI KRISHAN KAPUR

Date : 10th February, 2022.

Appearance:

Mr. Mohit Gupta, Adv.

Mr. S. Nayak, Adv.

Mr. A. Dutt, Adv.

The Court : A point is raised on behalf of the judgment debtor that the

decree-holder ought not to be permitted to proceed with this execution

application and should be directed to file an execution application afresh in view

of the provisions of the Commercial Courts Act, 2015.

It is unfortunate that though this Court had on 29 January, 2022

permitted the decree-holder to withdraw this application and have the matter

listed before the appropriate Division Bench of this Hon'ble Court, the judgment

debtor had not taken any such objection.

However, the decree-holder is granted liberty to withdraw this application

and file an execution application afresh in accordance with law before the

Commercial Division of this Hon'ble Court.

With the aforesaid directions, EC 289 of 2021 stands disposed of.

Liberty is granted to the decree-holder to take back the original certified

copy of the award after replacing the same with a photocopy thereof.

(RAVI KRISHAN KAPUR, J.) SK.