Terai Tea Company Ltd vs The President Institute For Indian ...
2024 Latest Caselaw 1 Cal/2

Calcutta High Court

Terai Tea Company Ltd vs The President Institute For Indian ... on 2 January, 2024

Author: Moushumi Bhattacharya

Bench: Moushumi Bhattacharya

OCD-3
                                 ORDER SHEET

                            IA NO. GA-COM/1/2023
                                      In
                                RVWO/51/2023

                       IN THE HIGH COURT AT CALCUTTA
                                ORIGINAL SIDE
                             (Commercial Division)


                        TERAI TEA COMPANY LTD.
                                   VS
               THE PRESIDENT INSTITUTE FOR INDIAN LABOUR


  BEFORE:
  The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA
  Date : 2nd January, 2024.


                                                                          Appearance:
                                                       Mr. Surajit Nath Mitra, Sr. Adv.
                                                             Mr. Chayan Gupta, Adv.
                                                                   Mr. Ratul Das, Adv.
                                                        Mr. Soumyajyoti Nandy, Adv.
                                                         Mr. Deepankar Thakur, Adv.

                                                          Mr. Tilak Kr. Bose, Sr. Adv.
                                                                 Mr. Anuj Singh, Adv.
                                                              Mr. Anil Kr. Dhar, Adv.
                                                            Mr. Debabrata Das, Adv.
                                                            Mr. Aman Agarwal, Adv.
                                                       Mr. Saptarshi Mukherjee, Adv.


        The Court: The review pertains to a judgment passed by this Court on 8th

December, 2023 in an application for stay of an Award. The award-debtor is

the review applicant and is aggrieved by the part of the judgment which deals

with the quantum of occupational charges which the award-debtor has been

directed to pay.
                                           2


        According to learned counsel appearing for the review applicant, the

impugned judgment amounts to modification of the relevant part of the Award

which fixed the occupational charges to Rs.53,240/- per month.          Counsel

submits that this amounts to an error apparent on the face of the record and

the review applicant would hence come under the 3rd condition of Order XLVII

Rule 1 of The Code of Civil Procedure, 1908.

        Learned counsel appearing for the respondent/award-holder objects to

the grounds of review and also points to the fact that there was a corrected

Award dated 27th February, 2023 (which is also the date of the impugned

Award) as well as an unsuccessful attempt made by the award-debtor for a

further modification of the Award which was dismissed on 8th May, 2023. The

application was made on 26th April, 2023.

Learned counsel appearing for the review applicant and the award-holder

have made their respective submissions.

The advocate-on-record of the award-holder is given leave to produce the

records in the Section 9 application filed by the award-holder as well as the

Sections 33 and 34 applications filed by the award-debtor on the returnable

date.

List this matter along with EC/315/2023 on 11th January, 2024, as

prayed for on behalf of the petitioner.

(MOUSHUMI BHATTACHARYA, J.)

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