M/S. M A Trading And Financing Pvt Ltd v. Ram Prasad Shaw

Sn 20.1.21 C.O. 113 of 2021 M/S.

MA TRADING AND FINANCING PRIVATE LIMITED VS. RAM PRASAD SHAW.

Mr. Biswajit Ghosh Mr. Sumitava Chakraborty ..for the petitioner This revisional application has been filed for a direction upon the learned Civil Judge, (Senior Division) 5th Court at Alipore, District South 24 Parganas to dispose of Money Execution Case No. 13 of 2011.

The petitioner is the award holder. The award was passed on September 20, 2010. As the opposite party neither complied with the award nor applied for setting aside the award, the petitioner was compelled to file the Money Execution Case. The petitioner also preferred an application under Order 21 Rule 54 of the Code of Civil Procedure. By an order dated September 8, 2014, the learned Court below prohibited the award-debtor from transferring and or changing the nature and character of Schedule A and Schedule B property of the said application. Thereafter, several dates have been fixed for orders and for further hearing since September 2018, but the said case has not yet been disposed of.

Under such circumstances, without going into the merits of the case and contentions of the petitioner, this revisional application is disposed of with a direction upon learned Court below to dispose of Money Execution Case No. 13 of 2011 as expeditiously as possible mandatorily within a period of two months from the next date fixed.

The learned Court below shall deal with the case independently without being influenced by any observations made hereinabove.

The petitioner is directed to serve a copy of the revisional application along with a server copy of this order upon the opposite party within a week from date. This revisional application is disposed of.

There will be however no order as to costs.

Urgent photostat certified copy of this order be given to the parties on priority basis, if the same is applied for.

(Shampa Sarkar,J.)