Citation : 2023 Latest Caselaw 2513 Cal/2
Judgement Date : 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been withdrawn by the award-holder.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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