Central Inland Water Transport ... vs Lmj Shipping Pvt. Ltd
2022 Latest Caselaw 122 Cal/2

ODC-13
                                   ORDER SHEET

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

                                  EC/324/2021

         CENTRAL INLAND WATER TRANSPORT CORPORATION LIMITED
                                Versus
                        LMJ SHIPPING PVT. LTD.


  BEFORE:
  The Hon'ble JUSTICE RAVI KRISHAN KAPUR

Date : 18th January, 2022.

[Via video conference]

Appearance:

Mr. Ashok Kumar Jena, Adv.

Mr. Priyankar Saha, Adv.

Mr. Nirmalya Dasgupta, Adv.

The Court: This is an application for execution of an award dated 11th

April, 2019. It is submitted on behalf of the petitioner that the challenge to the

said award was dismissed by an order dated 25th November, 2019. There has no

appeal against the said order and the same had attained finality. The award

dated 11th April, 2019 has become final, binding and enforceable. The award is

for a sum of approximately Rs.2.25 crore. The judgment debtor is represented

and submits that in accordance with the Order XXI Rule 22(4), the judgment

debtor has a right to file an objection at this stage of the proceeding.

I have heard the parties.

I am of the view that at this ad-interim stage there shall be an order in

terms of prayer (c) of the Tabular Statement insofar as the immovable properties

of the judgment debtor are concerned. I clarify that there shall be no order at

this stage insofar as the bank accounts of the judgment debtor are concerned.

The judgment debtor is granted liberty to file an affidavit within a period of two

weeks from date; Reply, if any, be filed within three days thereafter.

Let this matter appear on 15th February, 2022.

(RAVI KRISHAN KAPUR, J.)

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