Calcutta High Court
Dredging And Desiltation Co. Pvt. Ltd vs Mackintosh Burn And Northern Express on 6 February, 2025
1
OD - 6
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
EC/322/2023
DREDGING AND DESILTATION CO. PVT. LTD.
VS
MACKINTOSH BURN AND NORTHERN EXPRESS
CONSORTIUM AND ORS.
BEFORE :
THE HON'BLE JUSTICE PARTHA SARATHI SEN
Date : 6th February, 2025
Appearance :
Mr. Shankarsan Sarkar, Adv.
..for the decree-holder.
Ms. Nidhi Bahal, Adv.
Mr. Dilawar Khan, Adv.
Mr.Arya Banerjee, Adv.
..for the judgment-debtor no.3.
Mr. Arnab Chakraborty, Adv.
..for the judgment-debtor nos.1 and 2.
1.
The decree-holder is represented by its counsel. The
judgment-debtor nos.1 & 2 and 3 are also represented by their
respective counsels who appeared before this Court in virtual
mode.
2. It is submitted at the bar that challenging the judgment
and decree as passed in GA/8/2021 two appeals were preferred by
the judgment-debtors being APD/9/2023 and APD/12/2023 and both
the appeals have been disposed of by an order dated 2 nd December,
2024.
3. On behalf of the decree-holder attention of this Court is
drawn to column no.7 of the tabular statement of the instant
execution application. Attention of this Court is also drawn to
the order dated 20.11.2023 as passed by a co-ordinate Bench
wherefrom it reveals that by the order of the Hon'ble Division
Bench a sum of Rs.2 crore was kept secured with the office of
the Registrar, Original Side of this Court. It is submitted on
behalf of the decree-holder that the decretal amount to the tune
of Rs.1,93,12,425/- together with interest accrued thereon is
payable by the judgment-debtors to the decree-holders. It is
further submitted on behalf of the decree-holder that an
appropriate order may be passed directing the Registrar,
Original Side of this Court, for crediting the entire amount of
Rs.2 crore in favour of the decree-holder as has been secured by
the order of this Court.
4. Such prayer is however opposed on behalf of the judgment-
debtors. In course of their submissions, learned Advocates
appearing on behalf of the judgement-debtor nos.1 & 2 and 3
conjointly draws the attention of this Court to the internal
page of the certified copy of the judgment. It is submitted that
admittedly the decree was passed against the judgment-debtors to
the tune of Rs.1,93,12,425/-. It is further submitted that the
said decree is absolutely silent with regard to the grant of
interest in favour of the decree-holder.
5. It is, thus, submitted on behalf of the judgement-debtors
that while disposing the instant execution case, the Registrar,
Original Side of this Court, may be directed to pay the
decreetal amount that is Rs.1,93,12,425/- to the decree-holder
and the remaining amount may be returned to the judgement-debtor
nos.1 & 2 and 3.
6. On close scrutiny of the entire materials as placed before
this Court, this Court finds sufficient merit in the submissions
of the learned counsels for the judgement-debtor nos. 1 & 2 and
3. It appears to this Court that while passing this decree, the
trial court passed a decree in favour of the decree-holder for a
sum of Rs.1,93,12,425/- and the said court is absolutely silent
about grant of any interest.
7. This Court being executing court is not expected to go
behind the decree and, therefore, this Court directs the
Registrar, Original Side of this Court, to hand over a bank
draft of Rs.1,93,12,425/- in the name of the decree-holder, that
is, Dredging and Desiltation Co. Pvt. Ltd. to the authorised
representative of the decree holder on proper identification by
the learned Advocate on Record for the decree holder, within two
weeks from today and the remaining amount as has been deposited
by the judgement-debtor nos.1 and 2 be refunded along with
accrued interest thereon, if there be any, to the judgment
debtor nos. 1 and 2 by issuing a bank draft in the name of the
judgment-debtor no.2 within three weeks from today.
8. With the aforesaid observations, the instant execution case
is disposed of.
(PARTHA SARATHI SEN, J.)
sd/
