Eic Holdings Private Limited vs Central Government Industrial ...
2023 Latest Caselaw 2262 Cal/2

OD-99
                      IN THE HIGH COURT AT CALCUTTA
                    ORDINARY ORIGINAL CIVIL JURISDICTION
                                ORIGINAL SIDE


                                    EC/611/2018


                 EIC HOLDINGS PRIVATE LIMITED
                              VS
  CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, KO



  BEFORE:
  The Hon'ble JUSTICE RAVI KRISHAN KAPUR
  Date : 24th August, 2023.
                                                                               Appearance:
                                                                 Mr. Amit Kumar Nag, Adv.
                                                                        ...for award holder.
                                                                Mr. Nandlal Singhania, Adv.
                                                                                 ...for UOI.

      The Court : This is an application for execution of an award dated September

14, 2018.

      It is admitted by and between the parties that the award has attained finality

and there is no embargo in proceeding with this execution application. In this

proceeding the decree holder claims outstanding amounts on account of electricity

charges and municipal dues.

      The award categorically records that though the claimant was entitled to an

award on account of electricity charges and municipal taxes since no documents

had been furnished by the claimant the same could not be assessed nor

authenticated. For the sake of convenience the relevant portion of the award is set

out hereunder:

            " Claimant is also entitled to get an award for payment of electricity charges
            paid by the claimant for use by the respondents during their stay in the

tenanted portion. But no amount could be assessed in absence of valid and authenticated documents.

Claimant is also entitled to get an award for a sum which is due and payable by the respondents in respect of the demised premises on account of property tax and commercial surcharge. Amount cannot be assessed in the absence of valid and authenticated documents."

In the execution proceedings, an affidavit has been filed on behalf of the

office of the judgment debtor i.e. Deputy Labour Commissioner, Kolkata wherein

the deponent has agreed to pay property taxes as well as electricity dues. On

behalf of the judgment debtor, it is submitted that no further amount is due and

payable under the award to the award holder.

I find that no amount on account of electricity charges or property taxes is

due and payable by the judgment debtor in terms of the award. There is no award

for payment either on account of electricity dues or taxes. There is no decree on

account of electricity charges or municipal charges in favour of the award holder.

On the contrary, the award stipulates that no amount could be assessed on either

of these heads.

It is well settled that a decree cannot be added to, varied or supplemented in

an execution proceeding.

In such circumstances, there is no question of making any further payment

towards the purported claim of the decree holder which is not borne out from the

decree.

Accordingly, EC/611/2018 stands dismissed.

(RAVI KRISHAN KAPUR, J.)

SK.