Calcutta High Court
Mountview Tracom Llp vs Apl Metals Limited on 4 March, 2022
Author: Ravi Krishan Kapur
Bench: Ravi Krishan Kapur
ODC-6
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
(Via Video Conference)
EC/49/2022
MOUNTVIEW TRACOM LLP
VS
APL METALS LIMITED
BEFORE:
The Hon'ble JUSTICE RAVI KRISHAN KAPUR
Date : 4th March, 2022.
Appearance:
Mr. Jishnu Chowdhury, Adv.
Ms. Radhika Singh, Adv.
Mr. Chayan Gupta, Adv.
Mr. Gopal Pahari, Av.
Ms. M. Kaur, Adv.
The Court:- This is an application for execution of an award dated 3 rd December, 2019. The award, inter alia, directs the judgment-debtor to pay a sum of Rs.5,03,68,183/- alongwith interest.
It is submitted on behalf of the decree-holder that there is no stay of this award and the award can be enforced.
The judgment-debtor is represented and prays for an opportunity to file an affidavit.
It appears from the history of litigation that since the making of the award on 3rd December, 2019 the judgment-debtor has on some pretext or the other failed to provide any security in respect of the awarded amount.
The revenue from profits from the profit and loss statement for the year ending 2021 reflect that the revenue from operations of the judgment-debtor company was approximately Rs.633 crores.2
In view of the aforesaid, there shall be an order in terms of prayers e(iii) and (g) of the Tabular Statement.
It is made clear that the judgment-debtor would only be permitted to operate its bank accounts after the entire awarded amount i.e. Rs.8 crores is secured. Insofar as the directions for Affidavit of Assets is concerned, it appears from the earlier proceedings filed before this Court that the judgment-debtor had filed an Affidavit of Assets. Mr. Chowdhury, Advocate appearing on behalf of the decree-holder submits that the Affidavit of Assets is not in Form No. 16A, Appendix-E of the Code of Civil Procedure, 1908.
In view of the aforesaid, the judgment-debtor is directed to file an Affidavit of Assets in Form No. 16A, Appendix-E of the Code of Civil Procedure, 1908. The deponent of the proposed affidavit should be a responsible officer of the judgment-debtor company and is also directed to be present for examination on the returnable date.
List this matter for further hearing on 17 March, 2022.
(RAVI KRISHAN KAPUR, J.) S.Bag