Prakash Industries Limited vs Bengal Energy Ltd & Ors
2022 Latest Caselaw 632 Cal/2

OD-16
                                  ORDER SHEET

                      IN THE HIGH COURT AT CALCUTTA
                    ORDINARY ORIGINAL CIVIL JURISDICTION
                               ORIGINAL SIDE

                                 IA No.GA/5/2021
                                       With
                                   EC/236/2021
                                        In
                                   AP/684/2017

                           PRAKASH INDUSTRIES LIMITED
                                     Versus
                            BENGAL ENERGY LTD & ORS.


  BEFORE:
  The Hon'ble JUSTICE RAVI KRISHAN KAPUR

Date : 23rd February, 2022.

[Via video conference]

Appearance:

Mr. S. N. Mookerjee, Sr, Adv.

Ms. Lopita Banerji, Adv.

Ms. Urmila Chakraborty, Adv.

Mr. Aasish Choudhury, Adv.

Mrs. Aindrila Basu, Adv.

Ms. Puja Tripathi, Adv.

Mr. Samrat Sen, Sr. Adv.

Mr. Paritosh Sinha, Adv.

In RE: AP/684/2017

The Court: An accommodation is prayed for on behalf of the petitioner to file

their Note of Submissions. As a last chance, time to file the Note of Submissions is

extended by a period of one week from date.

Let this matter appear on 11th March, 2022 as a "Specially Fixed Matter".

In RE: EC/236/2021

This is an application for execution of an award dated 31st March, 2017. The

award is for a sum of Rs. 1,96,77,913/-. By an order dated 24th November, 2021, a

Co-ordinate Bench of this Court had passed an order in terms of prayer (g) of the

Tabular Statement and directed the judgment-debtor to keep a balance of

Rs.1,02,77,133/- in the bank account jointly and severally for a limited period of

four weeks.

The decree holder submits that they have not been intimated as to the mode

and manner and whether the sum of Rs.1,02,77,133/- has been kept secured or

not.

In view of the fact that the awarded amount is for an aggregate sum of

Rs.1,96,77,913/- and by an order dated 12th September, 2017, the decree-holder

has secured a sum of Rs. 50 lakhs only, I am of the view that the entire sum of

Rs.1,02,77,133/- be deposited with the respective Advocates-on-Record of both the

parties.

The judgment-debtor is directed to deposit the said amount by 8th March,

2022 with the respective Advocates-on-Record of both the parties, who are directed

to open a separate bank account in their joint name and keep the said sum in a

short term fixed deposit with any nationalized bank at the highest available rate of

interest and renew the same regularly till the disposal of the AP/684/2017.

Let this matter appear on 9th March, 2022 to ensure compliance.

It is clarified that the interim order shall continue till the returnable date.

(RAVI KRISHAN KAPUR, J.)

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