M/S. Trade Centre v. Mageba Bridge Products P. Ltd.

AD-02 Ct No.16 16.04.2025 TN FA 15 of 2023 IA No: CAN 3 of 2025 M/s. Trade Centre Vs.

Mageba Bridge Products Private Limited Mr. Kasinath De, Mr. Kaushik Chatterjee, Mr. Prantick Sarkar ....for the appellant Mr. Manoj Kumar Tiwari, Ms. Arpita Dey ....for the respondent

1. Learned senior counsel appearing for the appellant submits that in the latter portion of our judgment dated March 18, 2025, we had recorded that upon withdrawal of the amount deposited by the defendant/respondent with the learned Registrar, Original Side, the decree would stand satisfied. However, it is submitted that only a portion of the decretal amount was actually deposited and, as such, the appellant may be at liberty to proceed with the execution for the balance decretal amount.

2. Accordingly, we modify the latter portion of the judgment and decree dated March 18, 2025 to the effect that the plaintiff/appellant shall be at liberty to proceed with the execution for the rest of the decree after partial satisfaction of the same by withdrawal of the amount deposited with the learned Registrar, Original Side. The portion of the said judgment where it was recorded that such withdrawal would be

construed as sufficient satisfaction of the decree stands modified to such extent.

(Sabyasachi Bhattacharyya, J.) (Uday Kumar, J.)