Fujitsu India Private Limited vs Amrit Feeds Limited
2023 Latest Caselaw 2439 Cal/2

OD-11
                       IN THE HIGH COURT AT CALCUTTA
                        Ordinary Original Civil Jurisdiction
                                 ORIGINAL SIDE

                                 EC/119/2018
                        FUJITSU INDIA PRIVATE LIMITED
                                      VS
                            AMRIT FEEDS LIMITED

  BEFORE:
  The Hon'ble JUSTICE RAVI KRISHAN KAPUR

Date : 31st August, 2023.

Appearance:

Mr. Soumabho Ghose, Adv.

Ms. Ashika Daga, Adv.

Mr. Jishnujit Ray, Adv.

...for the decree-holder.

The Court: The matter had been appearing in the Warning List and the

judgment-debtor had sufficient notice that the matter would be taken up for

hearing today.

It is submitted on behalf of the decree-holder that the judgment-debtor is

facing insolvency proceedings before the National Company Law Tribunal.

In view of the statutory embargo, this application cannot be proceeded

with any further.

In such circumstances, EC/119/2018 is disposed of by granting liberty to

the decree-holder to take appropriate steps in accordance with law for realizing

the decretal amount.

Liberty is also granted to the decree-holder to file a fresh execution

application if the circumstances so warrant.

The decree-holder is also granted liberty to take back the original of the

award after replacing the same with the photocopy thereof.

Liberty is also granted to the decree-holder to file appropriate proceedings

before the National Company Law Tribunal if so permissible in accordance with

law.

(RAVI KRISHAN KAPUR, J.)

s.pal