Bharat Heavy Electricals Ltd vs Hiranmaye Energy Ltd
2023 Latest Caselaw 1878 Cal/2

OCD-4
                                ORDER SHEET
                      IN THE HIGH COURT AT CALCUTTA
                       Ordinary Original Civil Jurisdiction
                                ORIGINAL SIDE
                             (Commercial Division)


                                 EC/83/2023

                      BHARAT HEAVY ELECTRICALS LTD.
                                   VS
                         HIRANMAYE ENERGY LTD.


  BEFORE:
  The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA

Date : 4th August, 2023.

Appearance:

Mr. Ratnanko Banerji, Sr. Adv.

Mr. Shaunak Mitra, Adv.

Mr. Sayantak Das, Adv.

Mr. Shivam Raheja, Adv.

Mr. Souradip Banerjee, Adv.

...for the award-holder

Mr. Mainak Bose, Adv.

Mr. Awaipayan Basu Mallick, Adv.

Ms. Anjana Banerjee, Adv.

...for the award-debtor

Ms. Aruna Ghosh, Adv.

...for the RBL Bank

The Court:- The order dated 13th February, 2023 of a Co-ordinate Bench

in the execution application filed by the award-holder and the arbitration

petitions for stay and setting aside of the impugned award, contains a direction

on the parties to file their respective affidavits to the Section 34 application

filed by the award-debtor. The parties are before the Court and learned counsel

appearing for the RBL Bank hands up the affidavit disclosing the balance

available in the accounts of the Bank pursuant to the direction of the Co-

ordinate Bench. The affidavit is taken on record.

The Court is informed that several requisitions were made to the

Department for sending the papers to the Court, the last of which is yesterday,

i.e., 3rd August, 2023. The papers are still not with the Court. The Department

is hence directed to ensure that the papers are sent to the Court.

Learned counsel appearing for the award-debtor seeks to file a

supplementary affidavit recording the changes made to the monetary position

of the award-debtor after March, 2023 when the first Affidavit of Assets was

filed by the award-debtor.

The supplementary affidavit shall be filed by 14th August, 2023.

List this matter on 18th August, 2023 as prayed for under the heading

"Examination of Judgment Debtors" for examination of Mr. Jyotirmoy

Bhowmick, who is one of the Directors of the award-debtor.

(MOUSHUMI BHATTACHARYA, J.)

T.O.

A.R.(C.R.)