Calcutta High Court
Talt Ahmed & Ors vs Prabhadeep Construction Pvt. Ltd. & Ors on 29 June, 2021
Author: Moushumi Bhattacharya
Bench: Moushumi Bhattacharya
OD-1
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
[Via Video Conference]
EC/243/2017
IA NO: GA/1/2018 (Old No: GA/2016/2018)
TALT AHMED & ORS.
Versus
PRABHADEEP CONSTRUCTION PVT. LTD. & ORS.
BEFORE:
The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA
Date : 29th June, 2021 Appearance:
Mr. Paritosh Sinha, Adv.
Mr. Dripto Majumder, Adv.
...for the award-holders Mr. Rajarshi Dutta, Adv.
...for the judgment-debtors The Court : The Advocate-on-Record of the award-holders places a judgment of Justice Debangsu Basak delivered on 7th April, 2021 in which paragraph 88 mentions the present application being IA NO: GA/2/2020 in EC/243/2017. EC/243/2017 is the execution case which is before this Court. It is submitted on behalf of the award-holders that by the said judgment the present execution application was held to be a "commercial dispute" within the meaning of the Commercial Courts Act, 2015 for which leave is sought for taking back the original certified copy of the award. Paragraph 88 of the judgment also states that the petitioner will have the liberty to file fresh application for execution of the award before the Commercial Division. 2
In view of the above, the Advocate-on-Record appearing for the award- holders is given liberty to take back the original certified copy of the award dated 15th September, 2015. The concerned department is to act in terms of this order.
EC/243/2017 is accordingly dismissed as withdrawn. IA NO: GA/1/2018 is also disposed of in terms of the above order. Any other applications or orders pending in EC/243/2017 shall also be disposed of or vacated as the case may be .
(MOUSHUMI BHATTACHARYA, J.) TO