Syama Prasad Mookherjee Port vs Lmj Shipping Pvt Ltd
2025 Latest Caselaw 1729 Cal/2

Calcutta High Court

Syama Prasad Mookherjee Port vs Lmj Shipping Pvt Ltd on 12 June, 2025

OCD-13

                              ORDER SHEET

                    IN THE HIGH COURT AT CALCUTTA
                         COMMERCIAL DIVISION
                             ORIGINAL SIDE

                                  EC/319/2021

             THE BOARD OF MAJOR PORT AUTHORITY FOR
             SYAMA PRASAD MOOKHERJEE PORT, KOLKATA
                               VS
                      LMJ SHIPPING PVT LTD.
BEFORE:
The Hon'ble JUSTICE KRISHNA RAO
Date: June 12, 2025.
                                                                          Appearance:
                                                           Mr. Subhankar Nag, Adv.
                                                        Mr. Ashok Kumar Jena, Adv.
                                                             ... for the Award Holder

                                                         Ms. Rashhmi Singhee, Adv.
                                                          Mr. Soumish Ghosh, Adv.
                                                          ...for the Judgment Debtor


     1.

Mr. Subhankar Nag, learned Advocate, is appearing for the award

holder.

2. Ms. Rashhmi Singhee, learned Advocate, is appearing for the

judgment debtor.

3. The award holder has filed the present execution proceeding for

execution of the award passed by the learned Arbitrator dated

11th April, 2019. The principle awarded amount is

Rs.1,26,68,300/- and as on 30th June, 2019, the interest at the

rate of 8% would come to Rs.2,14,40,251/-.

4. The matter was fixed on 8th April, 2025. On the said date this

Court had directed the judgment debtor to file fresh balance

sheets for financial year of 2023-2024 and 2024-2025 along with

fresh affidavit of assets within four weeks from date after serving

the copy to the learned Counsel for the award holder.

5. This Court has also specifically fixed the matter today at 11:30

A.M. for examination of the judgment debtor. Today when the

matter is called, learned Counsel for the award holder submits

that in spite of the order passed by this Court, the judgment

debtor has not filed the fresh affidavit of assets disclosing the

fresh balance sheets for the financial of 2023-2024 and 2024-

2025. Learned Counsel for the judgment debtor submits that she

has affirmed the affidavit of assets disclosing the fresh balance

sheet for the above mentioned years but neither it was filed in the

Court nor it has been served upon the award holder.

6. As regard the appearance of the judgment debtor, the judgment

debtor is not present in Court in person but he is appearing

through virtual mode.

7. This Court finds that the case is fixed today for examination of the

judgment debtor but it is not possible for this Court to examine

the judgment debtor through the virtual mode.

8. Considering the above, this Court finds that one or the other

reasons, the judgment debtor is dragging the matter instead of

complying with the award passed by the learned Arbitrator.

9. Accordingly, the judgment debtor is directed to deposit the

amount of Rs.1,26,68,300/- before the Registrar, Original Side of

this Court by 17th June, 2025.

10. List the matter on 18th June, 2025.

(KRISHNA RAO, J.)

S.Mandi