Calcutta High Court
Itc Ltd vs Bengani Foods Products Pvt. Ltd on 17 June, 2014
Author: I.P.Mukerji
Bench: I. P. Mukerji
EC No.219 of 2014
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
ITC LTD.
Versus
BENGANI FOODS PRODUCTS PVT. LTD.
BEFORE:
The Hon'ble JUSTICE I. P. MUKERJI
Date : 17th June, 2014.
Appearance:
Mr. Ahin Chowdhury, Sr. Advocate
Mr. Dhruba Ghosh, Advocate
Mr. Dipendra Nath Chunder, Advocate
Mr. S. Dasgupta, Advocate
for the Award/Decree-holder
Mr. P.Saha, Advocate
Mr. Bidyut Dutta, Advocate
for the respondent
The Court: Considering the order dated 6th December, 2012 passed by the learned District Judge, Indore and the order of the learned City Civil Court, Calcutta dated 4th March, 2014, there is no doubt that by use of the expression "Transferee Court", the Court at Indore meant and all the parties understood it as the Principal, civil court having jurisdiction in Kolkata. In the said order of the Indore Court, it was mentioned that the decree was being transferred to the "Hon'ble District Judge, Calcutta". The sum sought to be realised in respect of the award/decree was Rs.95,76,000/-.
When the learned City Civil Court, Calcutta was approached, it held on an application under Order XXI Rule 5 of the Code of Civil Procedure that the Court had no pecuniary jurisdiction. 2 Further by the said order all the necessary papers including the certified copy of the decree, non-satisfaction certificate etc. were handed over to the Advocate on record for the petitioner for presentation before the proper Court.
It may be said now that the award/decree is dated 26th February, 2002.
An execution case was started in this Court (EC No.8 of 2003). On 24th November, 2009 that case was disposed of with liberty to the decree-holder to execute the decree afresh.
Furthermore, from the aforesaid, there is no doubt in my mind that transferee court means this court.
In that view of the matter, I direct the petitioner to file a supplementary affidavit including the papers which were handed over to the petitioner by the learned Court at Indore, at the time of passing the said transfer order.
The original award is appended to the said execution application of 2003. Let the records of that application also be sent up to this court, so that upon filing of the supplementary affidavit, the procedural requirements of filing an execution application are complied with.
Let the supplementary affidavit be filed by 24th June, 2014. List this application as "New Chamber Application" on 1st July, 2014.
Certified photocopy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(I.P.MUKERJI, J.) G/