Mountview Tracom Llp vs Apl Metal Limited
2022 Latest Caselaw 90 Cal/2

OD-17
                               EC/109/2020
                     IN THE HIGH COURT AT CALCUTTA
                   ORDINARY ORIGINAL CIVIL JURISDICTION
                              ORIGINAL SIDE



                            MOUNTVIEW TRACOM LLP
                                     VS
                              APL METAL LIMITED

  BEFORE:
  The Hon'ble JUSTICE RAVI KRISHAN KAPUR

Date : 13th January, 2022.

Appearance:

Mr. Jishnu Chowdhury, Adv.

Mr. Chayan Gupta, Adv.

Ms. Radhika Singh, Adv.

Mr. Ahin Chowdhury, Sr. Adv.

Mr. Rajat Kanti Jha, Adv.

Mr. Mandeep Kaur, Adv.

The Court : Mr. Jishnu Chowdhury, Advocate appears on behalf of the

decree holder and prays for execution of an award dated 3 December, 2019. It is

submitted by the parties that an application under Section 34 Arbitration and

Conciliation Act, 1996 is pending. However, there has been no stay of the award

dated 3 December, 2019, under Section 36(2).

Mr. Chowdhury, Senior Advocate appears on behalf of the judgment debtor

and submits that in terms of paragraph 11 of the Affidavit of Assets filed on

behalf of the judgment debtor there are sufficient securities, to satisfy the decree

dated 3 December, 2019. It is further submitted on behalf of the judgment debtor

that in so far as unencumbered assets mentioned in paragraph 11 of the Affidavit

of Assets are concerned, the value of the same are sufficient to satisfy the decree.

For the present, there shall be an order of injunction in terms of serial no.

(iv) in item (D) of schedule (A) of the Affidavit of Assets filed on behalf of the

judgment debtor.

Insofar as the agricultural land at Panskura is concerned, there shall also

be an order of injunction restraining the judgment debtor from creating any third

party interests in respect of the same or from dealing with or disposing of the

same.

The judgment debtor is directed to furnish all particulars of the unmutated

agricultural land refereed to also in paragraph 11 of the Affidavit of Assets to the

decree-holder within the course of the week. The decree-holder is also directed to

furnish copies of the title deeds in respect of the both the aforesaid properties

mentioned at paragraph 11 of the Affidavit of Assets which according to the

judgment debtor have not been encumbered with the bank.

Let this matter appear on 28 January, 2022 for further hearing.

(RAVI KRISHAN KAPUR, J.) SK.