Calcutta High Court
M/S. Industrial Plants And Waste ... vs Kolkata Municipal Corporation on 18 November, 2023
Author: Moushumi Bhattacharya
Bench: Moushumi Bhattacharya
OCD-10
ORDER SHEET
EC/349/2022
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
(Commercial Division)
M/S. INDUSTRIAL PLANTS AND WASTE TREATMENT CORPORATION
VS
KOLKATA MUNICIPAL CORPORATION
BEFORE:
The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA
Date : 18th November, 2023.
Appearance:
Mr. Pranit Bag, Adv.
Ms. Amani Kayan, Adv.
...for the petitioner
Ms. Manisha Nath, Adv.
...for the respondent
The Court: The present execution application relates to an Award dated 26th November, 2018. The awarded amount was Rs.64,15,005.54.
Learned counsel appearing for the petitioner award-holder places several orders passed by a Co-ordinate Bench starting from 14th November, 2022 whereby the award-debtor was directed to pay the awarded amount to the award-holder within three weeks from the date of the order. The award-debtor prayed for extension of time to make this payment and the prayer for extension was granted by the second order of 13th December, 2022. On 10th January, 2023, learned counsel appearing for the award-debtor submitted that the award-debtor had filed a Section 34 application before the learned District 2 Judge at Alipore. The Court was however of the view that filing of the Section 34 application would not preclude the Court from executing the Award and granted two weeks to the award-debtor to make the payment to the petitioner as directed in the first order dated 14th November, 2022.
Counsel for the petitioner submits that the Section 34 application filed by the award-debtor before the District Judge at Alipore was dismissed by an order dated 21st March, 2023. This order has been placed before the Court.
The Court finds that the learned District Judge at Alipore has dismissed the application also on the ground of a delay of 400 days in filing the Section 34 application.
It should also be mentioned that although the award-debtor has challenged the order dismissing the Section 34 application sometime in August, 2023, counsel appearing for the award-debtor is unable to give any further particulars of the status of the appeal. Admittedly, there is no stay of the order dated 21st March, 2023.
The above facts would show that the award-debtor does not have any defence to the claim of the petitioner arising out of the Award dated 26th November, 2018. The award-debtor has also flouted the repeated directions passed by the Co-ordinate Bench and has also been unsuccessful in Section 34 application. The award-debtor has not been able to show any effective steps being taken for challenging the order of dismissal of the Section 34 application.
Hence, this Court is inclined to reiterate the direction given by the Co- ordinate Bench in terms of making payment of the awarded amount, namely, 3 Rs.64,15,005.54 by the award-debtor to the award-holder within three weeks from today.
It is made clear that the award-debtor shall be at liberty of taking appropriate steps for return of this amount in the event the award-debtor succeeds in the appeal from the order of dismissal of the Section 34 application or any successive stages of challenge thereafter.
The award-debtor will transfer the money as directed through the Union Bank of India, Dharmatala-Kolkata Branch to the account of the petitioner, particulars of which will be provided to the award-debtor by 20th November, 2023.
The Execution Case is made returnable on 11th January, 2024.
(MOUSHUMI BHATTACHARYA, J.) sg.