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Batliboi Limited vs Union Of India
2023 Latest Caselaw 2513 Cal/2

Citation : 2023 Latest Caselaw 2513 Cal/2
Judgement Date : 4 September, 2023

Calcutta High Court
Batliboi Limited vs Union Of India on 4 September, 2023
O-1

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

                             EC/52/2005
                IA NO: GA/1/2006(Old No:GA/2853/2006)

                            BATLIBOI LIMITED
                                  VS
                             UNION OF INDIA


  BEFORE:
  The Hon'ble JUSTICE RAVI KRISHAN KAPUR

Date : 4th September, 2023.

Appearance:

Mr. Sayan Chakraborty, Adv.

Ms. Atasi Sarkar, Adv.

...for the petitioner

Mr. Nandalal Singhani, Adv.

Ms. Priti Jain, Adv.

...for UOI

The Court: This is an application for execution of an award dated 16th

September, 2003 for an aggregate sum of Rs.1,06,80,293/-. Diverse orders

have been passed from time to time. In fact, pursuant to an earlier order of

Court, the judgment-debtor had deposited a sum of Rs.1 crore/-, which has

been withdrawn by the award-holder.

It is submitted on behalf of the award-debtor that the sum of

Rs.1,06,80,293/- was never claimed by the award-holder. The award-holder

has also enjoyed the entire principal amount of Rs.1 crore alongwith

accrued interest.

Be that as it may, the fact that the award is for a sum of

Rs.1,06,80,293/- is indisputable.

The award-holder is ready to accept in full and final settlement an

additional sum of Rs.5 lakhs against the entire decretal dues.

The judgment-debtor, Union of India is directed to pay the sum of

Rs.5 lakhs in full and final settlement of the entire decretal dues within a

period of four weeks from the date of passing of the order.

With the aforesaid directions, the award dated 16th September, 2023

stands satisfied in full and final satisfaction.

EC/52/2005 stands disposed of.

All connection applications also stand dismissed as infructuous.

(RAVI KRISHAN KAPUR, J.)

S.Bag

 
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