M/S. Anupam Enterprises vs Besco Limited
2022 Latest Caselaw 121 Cal/2

ODC-15
                                 ORDER SHEET

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

                               EC/328/2021

                           M/S. ANUPAM ENTERPRISES
                                    Versus
                                 BESCO LIMITED


  BEFORE:
  The Hon'ble JUSTICE RAVI KRISHAN KAPUR

Date : 18th January, 2022.

[Via video conference]

Appearance:

Mr. R. Banerjee, Adv.

Mr. Arik Banerjee, Adv.

The Court: This is an application for execution of an award dated 3rd

March, 2017. The award is for a sum of approximately Rs.86 lakhs. It is

submitted on behalf of the decree-holder that the award has become final,

binding and enforceable and there is no challenge against the said award. By an

earlier order dated 3rd January, 2022, there was an order in terms of prayer (g) of

the Tabular Statement and the decree-holder was directed to effect service on the

judgment-debtor.

Mr. Banerjee, learned Advocate appears on behalf of the judgment-debtor

and submits that no signed copy of the award has ever been served on his client.

I have considered the submissions made on behalf of the parties.

In view of the fact that the award has attained finality and there is no

challenge pending against the same, I am of the view that at this stage there is

no merit in the objection raised on behalf of the judgment-debtor.

In view of the aforesaid, there shall be an order in terms of prayer (e) of the

Tabular Statement.

Mr. Sayan Chattopadhyay, a member of the Bar Library is appointed

Receiver to act in terms of the aforesaid order.

The remuneration of the Receiver is fixed at 2500 GMs.

The Receiver is directed to take symbolic possession of the assets

particulars whereof appear at paragraph 11, serial no.A of the Affidavit in

support of the Tabular Statement.

Let this matter appear on 14th February, 2022 for the Receiver to file a

Report.

(RAVI KRISHAN KAPUR, J.)

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