Voltas Limited vs Kolkata Environmental ...
2022 Latest Caselaw 635 Cal/2

OD-12
                                   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 : 23rd February, 2022.

Appearance:-

Mr. Sakya Sen Mr. Sayantan Bose,Adv.

Ms. S. Bhattacharya, Adv.

Mr. R. Misra, Adv.

Mr. Alok Kumar Ghosh, Adv.

Mr. G.C. Das, Adv.

Mr. R. De, Adv.

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

March 2019. The award is for a sum of Rs.1,39,36,190.44/-. It is submitted on

behalf of the parties that the award has become final, binding and enforceable.

The challenge which had been filed under Section 34 of the Arbitration and

Conciliation Act, 1996, has been dismissed. As such, the award has crystallized

as a decree and there is no challenge pending before any Fora.

Pursuant to the earlier orders of this Court, the judgment debtors have

repeatedly been granted opportunities and have failed to satisfy the decree.

In fact, by an earlier order of the Hon'ble Division Bench in

APOT/211/2021 dated 21 December 2021, granted an opportunity out of

sympathy to the judgment-debtors to make payment by 10 January 2022.

It is submitted on behalf of the parties that notwithstanding the direction

dated 21 December 2021, the judgment-debtors have still not satisfied the

decree or any portion thereof.

By an order dated 9 February 2022, this Court had also granted a last

opportunity at the instance of Mr. Ghosh, Advocate appearing on behalf of the

judgment-debtors.

I find from the earlier orders of Court that, there is not only a willful

disregard of the orders of this Court, but the judgment debtors have no

instructions as to the mode and manner in which the decree be satisfied.

In view of the aforesaid, let The Project Director of the judgment-debtor be

present in Court on 3 March 2022 at 10.30am.

Let this matter appear on 3 March 2022 under the heading 'To Be

Mentioned'.

In view of the serious situation, the decree-holder is also directed to serve

a copy of this order on the office of the Learned Advocate General as well as the

Municipal Commissioner, Kolkata Municipal Corporation.

(RAVI KRISHAN KAPUR, J.)

D.Ghosh