Calcutta High Court
Prakash Industries Limited vs Bengal Energy Ltd & Ors on 11 December, 2024
Author: Shampa Sarkar
Bench: Shampa Sarkar
OD -4
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL CIVIL JURISDICTION
ORIGINAL SIDE
IA NO. GA/5/2021
In AP/684/2017
PRAKASH INDUSTRIES LIMITED
Vs
BENGAL ENERGY LTD & ORS.
BEFORE:
The Hon'ble JUSTICE SHAMPA SARKAR
Date: 11th December, 2024
Appearance:
Mr. Paritosh Sinha, Adv.
Ms. Shrayashee Das, Adv.
Mr. Rohan Kumar Thakur, Adv
Mr. Tridibesh Dasgupta, Adv.
... for the award debtor.
Ms. Urmila Chakraborty, Adv.
Mr. Varun Kothari, Adv.
Mr. Aasish Choudhury, Adv.
Mrs. Uma Bagree, Adv.
...for respondent
GA 5 of 2024 The Court : This is an application for dismissal and/or setting aside AP No. 684 of 2017. The grounds for dismissal made out by the award debtor is that the award debtor did not secure the entire amount awarded along with the interest component, despite several orders passed by the Court.
It is urged by Ms. Urmila Chakraborty, learned Advocate for the applicant/award holder, that several adjournments were prayed by the award debtor to frustrate the award. A belated application for amendment was filed 2 to incorporate the additional grounds. Such grounds were frivolous and not necessary for adjudication of the issues. It was a dilatory tactic. Accordingly, the Court rejected the application for amendment. Thereafter, when all avenues failed and the execution was initiated, the award debtor secured the balance amount. Accordingly, the execution application was dismissed.
Attention has been drawn to the fact that the award debtor is not inclined to pursue the application for setting aside the award and on numerous occasions, the application had been adjourned. Thus, it is prayed that GA 5 of 2021 be allowed, by dismissing the AP 684 of 2017.
Mr. Sinha, learned Advocate for the award debtor submits that the amount as directed by a coordinate Bench, that is, Rs. 1,02,77,133 in addition to Rs. 50 lacs which had been deposited earlier, has now been served in a fixed deposit account which is lying in the names of the learned advocates on record of the respective parties in terms of order dated February 23, 2022 passed in EC/236 of 2021.
Under such circumstances, this Court is of the view that GA 5 of 2021 does not call for any order at this stage. The hearing of AP 684 of 2017 is fixed on 15th January 2025 at 3 PM.
GA 5 of 2021 is accordingly disposed of.
(SHAMPA SARKAR, J.) pkd/gb