Cholamandalam Investment And Finance ... vs Niladri Bhattacharyya And Anr
2024 Latest Caselaw 2966 Cal/2

Calcutta High Court

Cholamandalam Investment And Finance ... vs Niladri Bhattacharyya And Anr on 19 September, 2024

Author: Sabyasachi Bhattacharyya

Bench: Sabyasachi Bhattacharyya

ODC-4
                        IN THE HIGH COURT AT CALCUTTA
                         Ordinary Original Civil Jurisdiction
                                  ORIGINAL SIDE
                               [Commercial Division]

                                IA NO. GA/1/2024
                                 In EC/564/2018

        CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LIMITED
                                Vs
                  NILADRI BHATTACHARYYA AND ANR.


BEFORE:
The Hon'ble JUSTICE SABYASACHI BHATTACHARYYA

Date : 19th September, 2024

Appearance:

Mr. Ritoban Sarkar, Adv.

Mr. Ranjit Singh, Adv.

Ms. Pooja Sett, Adv.

..for award holder.

Mr. Akash Dutta, Adv.

...for judgment debtor.

The Court:- Learned Counsel for the award holder submits that the award

debtors have failed to act in terms of the Memorandum of Understanding dated

April 4, 2024. It appears upon hearing learned Counsel that the said

understanding has indeed failed. By an order dated April 4, 2024, EC 564 of

2018 stood disposed of in terms of the said memorandum, granting liberty to the

award holder to file appropriate application in accordance with law in default of

any instalment.

Instead of multiplying proceedings by directing the award order to file a

fresh application, EC 564 of 2018 is restored by recalling the order dated April 4,

2024. Let EC 564 of 2018 be placed in the list under the regular heading.

(SABYASACHI BHATTACHARYYA, J.) SK.