Central Inland Water Transport ... vs Lmj Shipping Pvt. Ltd
2022 Latest Caselaw 129 Cal/2

ODC-8
                                ORDER SHEET
                       IN THE HIGH COURT AT CALCUTTA
                                ORIGINAL SIDE

                               EC/319/2021

        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. Priyankar Saha, Adv.

Mr. Nirmalya Dasgupta, Adv.

Mr. Ashok Kumar Jena, 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 been

no appeal against the said order and the same had attained finality.

Accordingly, the award has become final, binding and enforceable.

The award is for a sum of approximately Rs.2.14 crores. The judgment

debtor is represented and submits that in terms of Order 21 Rule 22(4) of the

Code of Civil Procedure, 1908 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 is 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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