Ircon International Ltd vs Mbl Infrastructures Ltd
2025 Latest Caselaw 2365 Cal/2

Calcutta High Court

Ircon International Ltd vs Mbl Infrastructures Ltd on 2 September, 2025

Author: Ravi Krishan Kapur

Bench: Ravi Krishan Kapur

OIP-106
                    IN THE HIGH COURT AT CALCUTTA
                                ORIGINAL SIDE
                    (Intellectual Property Rights Division)

                            IA NO. GA/2/2025
                              In EC/47/2017
                       IRCON INTERNATIONAL LTD.
                                    Vs
                       MBL INFRASTRUCTURES LTD.



  BEFORE:
  The Hon'ble JUSTICE RAVI KRISHAN KAPUR
  Date : 2nd September, 2025.
                                                                      Appearance:
                                                          Mr. A. Chakraborty, Adv.
                                                           Ms. P. Bhowmick, Adv.
                                                          Mr. S. Chakraborty, Adv.
                                                            Ms. Rimi Mandal, Adv.
                                                                ...for the petitioner.

                                                              Ms. Sristi Barman, Adv.
                                                                ...for the respondent.

The Court: This is an application for recalling of an order dated 11

October, 2023.

The petitioner has also prayed for condonation of delay in the filing of

this application on the ground that it was pursuing remedies elsewhere.

Both parties fairly submit that in view of an appeal pending before the

Hon'ble Supreme Court, against an order passed in an application under

Section 34 of the Arbitration and Conciliation Act, 1996, the rights of the

parties insofar as award is concerned has not attained finality.

It is submitted on behalf of the judgment debtor that a Resolution

Plan sanctioned by the National Company Law Tribunal, Eastern Region and

approved by the Hon'ble Supreme Court is in force and is subsisting insofar

as the judgment debtor is concerned.

Be that as it may, it is evident that the instant execution proceeding

being EC/47/2017 cannot be proceeded with in the light of the proceedings

pending before the Hon'ble Supreme Court.

In view of the above, I find no infirmity in the order dated 11 October,

2023, GA/2/2025 stands disposed of.

Liberty is granted to the petitioner/ decree holder to file an

appropriate application in accordance with law after the disposal of the

proceeding by the Hon'ble Supreme Court, if the circumstances so warrant.

It is clarified that nothing in the order dated 11 October, 2023 shall

prevent the decree-holder to file such fresh execution application if

otherwise justified in law.

The delay in the filing of this application is condoned.

With the above directions, GA/3/2025 stands disposed of.

(RAVI KRISHAN KAPUR, J.)

SK.