C Doctor And Company Pvt Ltd vs Indure Pvt Ltd
2022 Latest Caselaw 1769 Cal/2

OD-21
                                  ORDER SHEET

                                    EC/4/2021
                                IA NO: GA/1/2022

                      IN THE HIGH COURT AT CALCUTTA
                       Ordinary Original Civil Jurisdiction
                                ORIGINAL SIDE

                      C DOCTOR AND COMPANY PVT LTD
                                   VS
                             INDURE PVT LTD

  BEFORE:
  The Hon'ble JUSTICE SHEKHAR B. SARAF

Date : 24th June, 2022

Appearance:

Mr. Soumabho Ghose, Adv.

Mrs. Sonia Sharma, Adv.

Mr. Debnath Ghosh, Adv.

Mr. Arkodeb Sinha, Adv.

The Court: Heard Mr. Debnath Ghosh, Counsel appearing on behalf of

the award-debtor. Mr. Debnath Ghosh relies on a judgment dated 30th June,

2021 passed by a co-ordinate Bench in the case of Srei Equipment Finance

Limited versus Marg Limited (EC/74/2021) wherein the Court had held that

the execution application therein had been filed within the period available to

the award-debtors for challenging the award under Section 34. The co-ordinate

Bench had relied on the Supreme Court judgments that had extended the

period of limitation in all matters.

Counsel on behalf of the award-debtor submits that keeping the said

principle in mind, his time to file a Section 34 application for setting aside of

the award expires in the month of June, 2022.

Mr. Soumabho Ghose, Counsel appearing on behalf of the award-holder

submits that the 90-day period would have expired on May 30, 2022. Mr.

Soumabho Ghose further submits that as per the Supreme Court order, the

period specified was 90 days from 1st March, 2022 and the extended period of

120 days would not apply in case of the award-debtor.

It is to be noted that several orders have been passed in this execution

application starting from 14th September, 2021 and till date no objection has

been raised with regard to the execution petition. Furthermore, it is only after

the warrant of arrest has been issued that the Counsel has appeared on behalf

of the award-debtor and raised the particular point of the execution application

being premature.

In my view, this matter should be adjourned for the time being so that

the award-debtor has a chance to file a Section 34 application, if the same is

not barred by limitation. The warrant of arrest issued in the present matter is

kept in abeyance for a period of four weeks.

The award-debtor is directed to file its affidavit of assets within four

weeks from date.

It is to be further noted that Counsel on behalf of the award-debtor

submits that none of the assets of the award-debtor are in Kolkata.

Matter is made returnable four weeks hence.

(SHEKHAR B. SARAF, J.)

R.Bhar