Mountview Tracom Llp vs Apl Metal Limited on 13 January, 2022

[Cites 2, Cited by 0]

Calcutta High Court

Mountview Tracom Llp vs Apl Metal Limited on 13 January, 2022

Bench: Ravi Krishan Kapur

OD-17
                               EC/109/2020
                     IN THE HIGH COURT AT CALCUTTA
                   ORDINARY ORIGINAL CIVIL JURISDICTION
                              ORIGINAL SIDE



                            MOUNTVIEW TRACOM LLP
                                     VS
                              APL METAL LIMITED

  BEFORE:
  The Hon'ble JUSTICE RAVI KRISHAN KAPUR

Date : 13th January, 2022.

Appearance:

Mr. Jishnu Chowdhury, Adv.

Mr. Chayan Gupta, Adv.

Ms. Radhika Singh, Adv.

Mr. Ahin Chowdhury, Sr. Adv.

Mr. Rajat Kanti Jha, Adv.

Mr. Mandeep Kaur, Adv.

The Court : Mr. Jishnu Chowdhury, Advocate appears on behalf of the decree holder and prays for execution of an award dated 3 December, 2019. It is submitted by the parties that an application under Section 34 Arbitration and Conciliation Act, 1996 is pending. However, there has been no stay of the award dated 3 December, 2019, under Section 36(2).

Mr. Chowdhury, Senior Advocate appears on behalf of the judgment debtor and submits that in terms of paragraph 11 of the Affidavit of Assets filed on behalf of the judgment debtor there are sufficient securities, to satisfy the decree dated 3 December, 2019. It is further submitted on behalf of the judgment debtor that in so far as unencumbered assets mentioned in paragraph 11 of the Affidavit of Assets are concerned, the value of the same are sufficient to satisfy the decree. 2

For the present, there shall be an order of injunction in terms of serial no.

(iv) in item (D) of schedule (A) of the Affidavit of Assets filed on behalf of the judgment debtor.

Insofar as the agricultural land at Panskura is concerned, there shall also be an order of injunction restraining the judgment debtor from creating any third party interests in respect of the same or from dealing with or disposing of the same.

The judgment debtor is directed to furnish all particulars of the unmutated agricultural land refereed to also in paragraph 11 of the Affidavit of Assets to the decree-holder within the course of the week. The decree-holder is also directed to furnish copies of the title deeds in respect of the both the aforesaid properties mentioned at paragraph 11 of the Affidavit of Assets which according to the judgment debtor have not been encumbered with the bank.

Let this matter appear on 28 January, 2022 for further hearing.

(RAVI KRISHAN KAPUR, J.) SK.

Unlock Advanced Research with PRISMAI

Calcutta High Court