P. G. And W. Sawoo Private Limited vs Union Of India
2022 Latest Caselaw 1148 Cal/2

OD-33
                                 ORDER SHEET

                                  EC/47/2022

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

                P. G. AND W. SAWOO PRIVATE LIMITED
                                 VS
   UNION OF INDIA, MINISTRY OF FINANCE, DEPARTMENT OF REVENUE


  BEFORE:
  The Hon'ble JUSTICE SHEKHAR B. SARAF

Date : 30th March, 2022

Appearance:

Mr.Suchayan Banerjee, Adv.

Mr. S.K. Banerjee, Adv.

The Court: This is an application for execution of the decree dated 5th

November, 2019 passed in an undefended suit, being CS No.322 of 2012.

The decree-holder is represented.

The Union of India, the judgment-debtor in the present proceedings, in

spite of repeated service, has failed to appear before this Court.

In view of the above, this Court is inclined to hold that there is no

impediment in executing the decree.

Upon considering the tabular statement pertaining to the execution case

and the supporting affidavit filed by the decree-holder, this Court is of the

opinion that the decree-holder is entitled to execute the decree for an amount

of Rs.31,09,441.75, which includes the decretal amount, interest at the rate of

6% per annum up to 17th August, 2021 and incidental costs.

The Reserve Bank of India is directed to pay the said amount of

Rs.31,09,441.75 from the account maintained with it in the name of the Union

of India, Ministry of Finance, Department of Revenue, represented by the

Commissioner of Central Excise in favour of the decree-holder.

Such payment should be effected by the Reserve Bank of India to the

credit of the decree-holder within a week from the date of communication of a

server copy of this order.

Let the matter appear after four weeks for the balance claim on account

of further interest up to the date of actual payment and for ascertaining

compliance of the directions of this order.

Urgent certified photocopies of this order, if applied for, be supplied to

the parties subject to compliance with all requisite formalities.

(SHEKHAR B. SARAF, J.)

R.Bhar