Calcutta High Court (Appellete Side)
M/S M.S. Commercial & Ors vs Calicut Engineering Works Limited on 5 August, 2019
1
50 & 51
05-08-2019
Court No. 37
Samrat
FMA 2342 OF 2014
M/s M.S. Commercial & Ors.
-Vs-
Calicut Engineering Works Limited
FMA 954 OF 2015
M/s M.S. Commercial & Ors.
-Vs-
Gayatri Devi Poddar & Ors.
Mr. Rahul Karmakar,
Ms. Gargi Goswami
.... For the Appellants.
Mr. Debdut Mukherjee,
Mr. Tapan Sil
.... For the Respondent
In order to show bona fide, the appellants have produced a cheque of Rs. 4 lacs with an undertaking that the cheque shall be encashed on presentation.
On the basis of such undertaking, the said cheque is accepted.
The award holder shall encash the said cheque. Even after receipt of such amount, certain amounts would be due and payable under the award. However, we feel that in the interest of justice the appellants would pay a sum of Rs. 2 lacs more and Rs. 50,000/- towards the consolidated remuneration of the learned Arbitrator by 16th August, 2019.
Both the appeals stand adjourned till 19th August, 2019.
The execution proceeding before the Trial Court shall remain stayed until further orders.
The name of the respondent in FMA 2342 of 2014 has been wrongly typed as 'Calcutta Engineering Works Limited' 2 instead of 'Calicut Engineering Works Limited'. The Computer Section is directed to make necessary correction.
In FMA 954 of 2015, the name of the defendant should be 'Gayatri Devi Poddar & Ors.'. The cause title of FMA 954 of 2015 shall be corrected accordingly.
Both the appeals are treated as 'heard in part'.
(Ravi Krishan Kapur, J.) (Soumen Sen, J.)