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Calcutta High Court

M/S.Debendra Bijoy Ghosh vs State Of West Bengal & Ors on 3 February, 2010

Author: Patherya

Bench: Patherya

                         EC No. 19 of 2010

                IN THE HIGH COURT AT CALCUTTA

                 Ordinary Original Civil Jurisdiction

                             ORIGINAL SIDE




M/S.DEBENDRA BIJOY GHOSH
                                   Plaintiff/Petitioner/Applicant

  Versus

STATE OF WEST BENGAL & ORS.                  Defendant/Respondent

For Plaintiff/Petitioner : MR.PRASANTA BANERJEE, MR.BIJON MAJUMDAR,ADVOCATES For Defendant/Respondent : MR.PARIMAL NATH, MS.SABITA ROY ADVOCATES BEFORE:

The Hon'ble JUSTICE PATHERYA Date : 3rd February, 2010.
The Court : As the award was passed on 21st August, 2009 and no application filed under section 34 of the 1996 Act, although 120 days having expired from the date of passing of the award, the petitioner is entitled to execute the decree under section 36 of the 1996 Act.
2
This order is passed as under cover of letter dated 21st August, 2009, the award was forwarded to the petitioner and was also forwarded to the judgment debtors assuming that the said was received by them beyond a fortnight even then 120 days has expired. Accordingly, the sum of Rs.14,42,021/- lying with the Reserve Bank of India in the account of Chief Engineer, Teesta Barrage Project, Irrigation and Waterways Directorate, Government of West Bengal, Salt Lake City be attached till 19th February, 2010.
Matter to appear in the list on 17th February, 2010. This order is passed as no sum has been paid by the judgment debtors.
Reserve Bank of India and all parties concerned are to act on a xerox signed copy of this order on the usual undertakings.
( PATHERYA, J.) S.Bhattacharyya Assistant Registrar(C.R.)