. . .for the judgment debtor.
The Court:
RE: GA 5 of 2023 in EC-COM 41 of 2024:
GA 5 of 2023 filed in EC-COM 41 of 2024, is an application for
modification of the order passed by my predecessor judge dated March 28, 2023.
An arrangement was made by his Lordship towards liquidation of the entire
awarded sum. The order dated 28th March, 2023, was passed compositely, in
respect of all the execution cases stated herein above. This composite order was
passed for payment in respect of the awards which were sought to be executed by
filing the above applications. The ordering portion is quoted below:
"Upon hearing the arguments of both the parties, I am of the view
that the above payment of Rs.1,25,55,000/- should be made in the
following manner by the award-debtor to the award-holder:-
(a) An upfront payment of Rs.20.55 lakhs be made within a period of
21 days from date.
(b) The balance payment be made by way of instalments of Rs.5
lakhs each for 21 months.
(c) In the event of any default, the award-holder shall be at liberty to
pursue his entire claim as per the execution application.
(d) In the event of failure, the award-holder shall be at liberty to
mention the matter before this Court for issuance of warrant of
arrest especially keeping in mind that the award in this particular
case was passed in the year 2015 and the award-holder has not
been able to enjoy the fruits of the award because of the
inordinate delay in payments by the award-debtor.
The matter is made returnable four weeks hence."
It is urged by the award holder that the amount as directed by his Lordship
has not been paid and the last payment was made in May, 2024. A chart has
been handed over to the Court indicating the dates and manner of payment.
Accordingly, it is prayed that warrant be issued against the award debtor for
failure to comply with the order of the Court. Other consequential prayers have
also been made, for a direction calling upon the award debtors to show cause
why they should not be sent to civil prison.
Upon perusal of the documents, this Court finds that the award debtor has
not only failed to comply with the order of Court, but also maintained an
inexplicable silence with regard to the compliance and payment. Even if the
award debtors were in difficulty, the award debtors should have offered the sum
that was available with them, instead of stopping the payment since June, 2024.
Under such circumstances, the prayer for modification of the order is not
considered at this stage and GA 5 of 2023 is disposed of with a direction upon
the award debtor to pay a sum of Rs. 10 lakhs within November 13, 2025 out of
the total outstanding dues which is more than Rs. 1 crore. Failing such
payment, not only warrant of arrest will be issued but also orders of attachment
of the assets shall be passed on the next date.
Mr. Dilip Chowdhury, award debtor no.1 should be present in Court for
examination on 14th November, 2025 at 10.30 a.m.
GA 5 of 2023 is accordingly disposed of.
RE: GA 3 of 2023 and GA 4 of 2023 in EC-COM 41 of 2024:
GA 3 of 2023 and GA 4 of 2023, filed in connection with EC-COM 41 of
2024, have become infructuous and are accordingly disposed of.
RE: GA-COM 7 of 2024 in EC-COM 41 of 2024:
GA-COM 7 of 2024 filed in connection with EC-COM 41 of 2024, is an
application for a direction upon the award debtors to show cause as to why they
shall not be sent to civil prison for deliberate violation of the order passed by this
Court dated March 28, 2023.
In view of the order passed today and the mandatory direction upon the
judgment debtors to pay a sum of Rs.10 lakhs within November 13, 2025, this
application is disposed of at this stage, granting liberty to the petitioner to make
proper prayers in case of further non-compliance.
(SHAMPA SARKAR, J.)
SP/
