Eig (Mauritius) Ltd vs Mcnally Bharat Engineering Co. ...
2022 Latest Caselaw 727 Cal/2

ODC-4

                      IN THE HIGH COURT AT CALCUTTA
                       Ordinary Original Civil Jurisdiction
                                ORIGINAL SIDE
                             (Via Video Conference)

                                    EC/77/2021

                         EIG (MAURITIUS) LTD.
                                 VS
                 MCNALLY BHARAT ENGINEERING CO. LTD.


 BEFORE:
 The Hon'ble JUSTICE RAVI KRISHAN KAPUR

Date : 2nd March, 2022.

Appearance:

Mr. Ratnanko Banerji, Sr. Adv.

Mr. T. Abraham, Adv.

Mr. Arunabha Deb, Adv.

Mr. Deepan Kr. Sarkar, Adv.

Ms. Ashika Daga, Adv.

Ms. Shivani Rawat, Adv.

Ms. Deepti Priya, Adv.

Mr. Shaunak Mitra, Adv.

Mr. A. Dutta, Adv.

The Court:- This is an application for execution of an award dated 19 th June,

2020 as amended on 26th October, 2020 (the award). By the award the judgment-

debtor has been directed to pay a sum of Rs.2 crores approximately to the award-

holder.

Significantly, the objection raised by the judgment-debtor under Section 48 of the

Arbitration and Conciliation Act, 1996 had been dismissed by a Co-ordinate Bench

on 10th November, 2021.

By the said order the directors of the judgment-debtor were also directed to file

their Affidavit of Assets in Form No. 16A, Appendix-E of the Code of Civil Procedure,

1908 disclosing all assets of the judgment-debtor. A Special Leave Petition preferred

against the order dated 10 th November, 2022 has also been dismissed. The judgment

debtor is represented and is not in a position to assist this Court.

Accordingly, I am of the view that, at this stage there is no embargo in proceeding

with this petition.

I am of the view that there has been non-compliance with the order dated 10 th

November, 2021. By the said order, the Directors of the judgment debtor company

were directed to file the Affidavit of Assets. On the contrary, one Ajay Kr. Saha who

purports to be an authorized representative of the judgment-debtor has affirmed the

Affidavit of Assets. Accordingly, as a last chance, one of the Directors of the

judgment-debtor is directed to file an affidavit in Form No. 16A, Appendix-E of the

Code of Civil Procedure, 1908 disclosing all assets of the judgment-debtor.

In the meantime, there shall be an order of injunction restraining the judgment

debtor from dealing with any of their bank accounts (insofar as there is a credit

amount lying in such account) mentioned in paragraph 6 of the Affidavit of Assets to

the extend of the awarded amount.

Let this matter appear on 21st March, 2022.

(RAVI KRISHAN KAPUR, J.)

TO