Eig (Mauritius) Limited vs Mcnally Bharat Engineering ...
2022 Latest Caselaw 952 Cal/2

ODC - 1
                                  ORDER SHEET

                                    EC/77/2021
                                 IA No. GA/2/2022

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


                     EIG (MAURITIUS) LIMITED
                               Vs
           MCNALLY BHARAT ENGINEERING COMPANY LIMITED


  BEFORE:
  The Hon'ble JUSTICE RAVI KRISHAN KAPUR

Date : March 22, 2022.

Appearance:

Mr. Ratnanko Banerji, Sr. Adv.

                                                           Mr. Deepan Kr. Sarkar,    Adv.
                                                               Mr. Arunabha Deb,     Adv.
                                                                Ms. Ashika Daga,     Adv.

                                                                Mr. Jishnu Saha, Sr. Adv.

The Court: By consent of the parties and in view of the extreme urgency

pleaded on behalf of the award-debtor, the matter is taken up for hearing.

This is an application for modification of the order dated 2nd March, 2022

passed by this Court.

At the outset, both parties fairly submit that there is an inadvertent

typographical error in the order dated 2nd March, 2022. In paragraph 1 of the

order instead of "a sum of Rs.2 crores approximately", it should read as "a sum

of Rs.200 crores approximately".

The order dated 2nd March, 2022 stands modified to the aforesaid extent.

The award-debtor seeks modification of an order dated 2 March, 2022 to

the extent that by the said order, "an order of injunction restraining the

judgment-debtor from dealing with bank accounts (insofar as there is a credit

amount lying in such account) has been passed". The award-holder objects to

any such modification and prays for an accommodation to file affidavits.

In view of the aforesaid, let Affidavit-in-Opposition be filed within five

days from date; Reply, if any, three days thereafter.

Let this matter appear on 30th March, 2022.

(RAVI KRISHAN KAPUR, J.)

RS