Calcutta High Court
Hoogly River Bridges Commissioners vs Mbl Infrastructure Ltd on 3 January, 2024
Author: Moushumi Bhattacharya
Bench: Moushumi Bhattacharya
OCD-11
ORDER SHEET
AP/340/2020
IA NO: GA/2/2022, GA-COM/5/2023
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
(Commercial Division)
HOOGLY RIVER BRIDGES COMMISSIONERS
VS
MBL INFRASTRUCTURE LTD.
BEFORE:
The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA
Date : 3rd January, 2024.
Appearance:
Mr. Kishore Datta, Ld. AG
Mr. Sarvapriya Mukherjee, Adv.
Mr. Chayan Gupta, Adv.
Mr. Aviroop Mitra, Adv.
...for the petitioner
Mr. Ratnanko Banerji, Sr. Adv.
Mr. Shaunak Mitra, Adv.
Ms. Sristi Burman Roy, Adv.
Ms. Pritha Basu, Adv.
Ms. N. Ghosh, Adv.
Mr. Debartha Chakraborty, Adv.
Ms. Ankita Agrahari, Adv.
...for the respondent
The Court: Learned counsel appearing for the petitioner/award-debtor has concluded his submissions on the absence of any provision in the 1996 Act for permitting the award-holder to withdraw the secured amount as also the absence of equitable considerations with reference to the relief sought for. 2 Counsel has further submitted that the 1996 Act is a self-contained code where the application of the provisions of the CPC has deliberately been curtailed.
List this matter on 11th January, 2024 to hear learned counsel appearing for the respondent/award-holder, as prayed for.
(MOUSHUMI BHATTACHARYA, J.) R.Bhar