Madhu Transport Company Private ... vs Chairman Railway Board And Ors
2025 Latest Caselaw 1267 Cal/2

Calcutta High Court

Madhu Transport Company Private ... vs Chairman Railway Board And Ors on 24 February, 2025

Author: Soumen Sen

Bench: Soumen Sen

OCD-4

                               ORDER SHEET

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


                                APOT/17/2025
                                     WITH
                              EC-COM/264/2024
                            IA NO: GA-COM/1/2025

                MADHU TRANSPORT COMPANY PRIVATE LIMITED
                               VERSUS
                   CHAIRMAN RAILWAY BOARD AND ORS.


  BEFORE:
  The Hon'ble JUSTICE SOUMEN SEN
             AND
  The Hon'ble JUSTICE BISWAROOP CHOWDHURY
  Date : 24th February, 2025.
                                                                      Appearance:
                                                    Mr. Ratnanko Banerji, Sr. Adv.
                                                         Mr. Rishad Medora, Adv.
                                                     Mr. Meghajit Mukherjee, Adv.
                                                        Mr. Kanishk Kejriwal, Adv.
                                                          Ms. Srijeeta Gupta, Adv.
                                                              Ms. Sonia Das, Adv.
                                                                ...for the appellant

                                                       Mr. Siddhartha Lahiri, Adv.
                                                        Ms. Anamika Pandey, Adv.
                                                     Mr. Ghanshyam Pandey, Adv.
                                                              ...for the respondent

1. Having regard to the fact that the matter is returnable before the

learned Single Judge on 7th March, 2025 and this order does not

appear to be an appealable order as it merely directs the award-

debtors to file affidavit disclosing details of their account

maintained with the Reserve Bank of India which is a step in aid of

execution of the award, we do not find any reason to interfere with

the order dated 16th January, 2025.

2. Mr. Ratnanko Banerji, learned senior counsel appearing on behalf

of the decree-holder, submits that in terms of paragraph 42.12 of

Rahul S. Shah vs. Jinendra Kumar Gandhi And Others reported in

(2021) 6 SCC 418, the executing court is required to dispose of the

execution proceedings within six months from the date of filing

which may be extended only by recording reasons in writing for

such delay and the said view has been reiterated in a later decision

in Bhoj Raj Garg vs. Goyal Education and Welfare Society (Order

dated 18.11.2022 in Special Leave to Appeal (C) No.(s)

19654/2022) and having regard to the fact that the said amount is

not secured in the proceeding pending under Section 34 of the

Arbitration and Conciliation Act, 1996, there may not have been

any necessity for directing a formal attachment of the bank

account and then formally to pass an order for realisation of the

said amount from the designated bank account of the judgment-

debtor.

3. We are of the view that since the matter is fixed on 7th March,

2025, it would be open for the appellant to pray for realization of

the awarded sum unless it is secured in the meantime.

4. It is needless to mention that in the event the entire awarded sum

is secured by cash or bank guarantee, as the case may be, the

execution proceeding in that event shall remain stayed till the

disposal of the setting aside application.

5. The appeal and the application are disposed of.

(SOUMEN SEN, J.)

(BISWAROOP CHOWDHURY, J.)

R.Bhar/kc