Diamond Apartments Private Limited vs Abanar Marketing Limited And 5 Others
2025 Latest Caselaw 1077 Cal/2

Calcutta High Court

Diamond Apartments Private Limited vs Abanar Marketing Limited And 5 Others on 12 August, 2025

Author: Ravi Krishan Kapur

Bench: Ravi Krishan Kapur

OIP-110
                      IN THE HIGH COURT AT CALCUTTA
                                ORIGINAL SIDE
                         (Ordinary Original Civil Jurisdiction)

                                 EC/392/2019
                               IA NO: GA/1/2023

                 DIAMOND APARTMENTS PRIVATE LIMITED
                                 VS
                ABANAR MARKETING LIMITED AND 5 OTHERS
  BEFORE:
  The Hon'ble JUSTICE RAVI KRISHAN KAPUR

Date : 12th August, 2025.

The Court: None appears on behalf of either of the parties nor is any

adjournment prayed for even in the third call.

The matter has been adjourned on repeated occasions and was marked

as Heard-in-Part.

This is an application for enforcement of an award dated 15th September,

2016. By the award, the award-holder has been found to be entitled to recover

4200 sq.ft. space on the 8th floor of the premises no. 113, Part Street commonly

known as Poddar Point, Kolkata - 700016. The judgment-debtors have also

been directed to pay a sum of Rs.3 crores towards damages and mesne profits

for wrongful and illegal occupation in this suit premises.

At a prior stage of this proceeding, one Phoenix Asset Reconstruction

Company Limited had appear and submitted that the decree is fraudulent and

collusive and has been orchestrated to defeat the lawful rights of the true

owner in respect of the subject premises.

Thereafter, one Mr. Naresh Balodia, appearing on behalf of the award-

holder had stopped appearing in the matter.

This issue of the award having been obtained fraudulently and

collusively by the award-holder to defeat the lawful rights of the innocent and

bona fide third party remains to be adjudicated.

In view of the repeated non-appearance of the award-holder, it is evident

that the award-holder is not interested in pursuing this matter.

EC/392/2019 alongwith IA NO: GA/1/2023 stands dismissed for

default.

Interim orders, if any, stand vacated.

(RAVI KRISHAN KAPUR, J.)

S.Bag