Liebherr India Private Limited vs Emta Coal Limited And Ors
2022 Latest Caselaw 2585 Cal/2

OD 10

                             ORDER SHEET
                           IA NO.GA/1/2022
                                  In
                             EC/232/2022
                   IN THE HIGH COURT AT CALCUTTA
                 ORDINARY ORIGINAL CIVIL JURISDICTION
                            ORIGINAL SIDE


                     LIEBHERR INDIA PRIVATE LIMITED
                                   VS
                       EMTA COAL LIMITED AND ORS.


  BEFORE:
  The Hon'ble JUSTICE SHEKHAR B. SARAF

Date: 27th September, 2022.

Appearance:

Mr. Sukanta Chakraborty, Adv.

Mr. Anindya Halder, Adv.

Mr. Ratnanko Banerji, Sr. Adv.

Mr. Sanjib Mal, Adv.

Mr. Jishnu Chowdhury, Adv.

Mr. Atanu Raychaudhuri, Adv.

Mr. Pushan Majumdar, Adv.

Ms. Asmita Raychaudhuri, Adv.

The Court: Heard counsel appearing on behalf of the parties.

IA No.GA/1/2022 is an application seeking modification of an order passed

on 29th August, 2022 wherein warrants of arrest had been issued against the

judgment-debtors, namely, Ujjal Kumar Upadhayay (Director of EMTA Coal Ltd.)

Gaurav Upadhayay (Director of EMTA Coal Ltd.), Bikash Mukherjee (Director of

EMTA Coal Ltd.), Ashok Kumar Jha (CFO EMTA Coal Ltd.) & Partha Sarathi Roy

(Senior Manager - Commercial). The judgment-debtors have surrendered before

this Court on their own volition today and the company, Emta Coal Limited has

filed its affidavit of assets. Copy of the same has been handed over to the

counsel appearing on behalf of the petitioner.

The judgment-debtors, namely, Ujjal Kumar Upadhayay, Gaurav

Upadhayay, Bikash Mukherjee, Ashok Kumar Jha and Partha Sarathi Roy are

directed to appear on the returnable date for examination of judgment-debtors.

This Court is also of the view that the awarded amount is required to be

secured in its entirety as there is no stay of the arbitral award till date. The

Company is, accordingly, directed to secure a sum of Rs.1 crore by way of a cash

deposit before the Registrar, Original Side within a period of five weeks from date.

Matter to appear on 23rd December, 2022 for examination.

Accordingly, the judgment-debtors are discharged from the custody of this

Court. Warrants of arrest are also discharged.

IA No.GA/1/2022 is, accordingly, disposed of.

(SHEKHAR B. SARAF, J.)

B.Pal