Bharat Heavy Electricals Ltd vs Hiranmaye Energy Ltd
2023 Latest Caselaw 2458 Cal/2

OCD-70
                                ORDER SHEET

                                 EC/83/2023

                     IN THE HIGH COURT AT CALCUTTA
                      Ordinary Original Civil Jurisdiction
                               ORIGINAL SIDE
                            (Commercial Division)

                     BHARAT HEAVY ELECTRICALS LTD.
                                  VS
                        HIRANMAYE ENERGY LTD.


  BEFORE:
  The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA

Date : 1st September, 2023.

Appearance:

Mr. Souradip Banerjee, Adv.

Ms. Joveria Sabbah, Adv.

...for the award-holder

Mr. Ankur Jain, Adv.

Ms. Anjana Banerjee, Adv.

...for the judgment-debtor

The Court: At the first instance, learned counsel appearing for the award-

holder seeks an adjournment on the ground of his seniors not being present in

Court. At the second instance, counsel submits that the award-holder has not

received a copy of the supplementary affidavit of the award-debtor.

The document placed before the Court shows that the award-holder

received the copy of the supplementary affidavit on 11th August, 2023. The

hand-written endorsement forms part of the document.

It is unbelievable that when a judgment-debtor is present in person to be

examined in Court, adjournment is being sought for on the ground of senior

counsel not being present. The second desperate attempt to seek adjournment

is on the basis of the supplementary affidavit not being received.

Learned counsel appearing for the award-holder, who has conducted the

cross-examination to an extent today, will continue on 8th September, 2023, as

prayed for.

(MOUSHUMI BHATTACHARYA, J.)

R.Bhar