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Calcutta High Court (Appellete Side)

Gemini Iron And Metal Co vs Mstc Limited on 25 March, 2013

Author: Sanjib Banerjee

Bench: Sanjib Banerjee

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                                                        C. O. No. 1055 of 2013

                                                    Gemini Iron and Metal Co.
                                                             Versus
                                                         MSTC Limited
5.03.2013

Mr. Sabyasachi Bhattacharyya Mr. Chandradoy Roy

--- for the petitioner.

In view of the order sought, no previous service is required to be effected on the opposite party.

The petitioner herein levied execution proceedings in the year 2003 on the basis of an arbitral award passed under the 1940 Act that was perfected into a decree of court. During the pendency of such execution proceedings, the decree was challenged and ultimately the decree has been modified such that the petitioner herein is the sole decree- holder. The 2003 execution proceedings were revived in 2012 upon the decree being modified. It is the petitioner's case that the judgment-debtor has been afforded unnecessary time by the executing court as the executing court has failed to see through the steps taken by the judgment-debtor over the years to try and deny the petitioner its dues.

In the classical case, the executing court may not be seen to even have the authority to adjourn a matter for the realisation of a debt due under a decree. It must be kept in mind that to uphold the majesty of the judicial system and to secure its relevance, it is necessary that the fruits of a decree are permitted to be enjoyed by the person found to be entitled thereto.

CO No. 1055 of 2013 is disposed of by requesting the executing court to ensure that appropriate steps are taken in accordance with law in Title Execution Case No. 6979 of 2012 pending before it without granting any unnecessary adjournment to the judgment-debtor.

The petitioner will be obliged to forward copies of the petition and this order to the judgment-debtor as expeditiously as possible.

There will be no order as to costs.

Urgent certified photocopies of this order, if applied for, will be made available to the parties subject to compliance with all requisite formalities.

(Sanjib Banerjee, J.) rnr.