Texmaco Infrastructure And Holding Ltd. v. Sharad Kr Dwivedi

12.08.2022 SL No.1 Court No.8 (gc) CPAN 1371 of 2017 In FA 65 of 2014 With COT 78 of 2013 Texmaco Infrastructure & Holdings Ltd.

Vs.

Sri Sharad Kumar Dwivedi Mr. Debayan Bera, Mr. Sakti Prasad Chakrabarti, ...for the Petitioner.

Mr. Supratim Dhar, ...for the alleged contemnor.

Mr. Supratim Dhar, learned Counsel appearing on behalf of the alleged contemnor submits that till date a sum of Rs.25 Crore has been paid and, according to the alleged contemnor, a further sum of Rs.5,41,51,757/- is due and payable towards the decreetal amount. However, the learned Counsel for the petitioner disputes the calculation and submits that more amount is due and payable than the amount mentioned as due in the communication dated 11th August, 2022.

Be that as it may, we dispose of this application by directing the alleged contemnor to pay a sum of Rs.5,41,51,757/- after deducting TDS within two weeks from date. The dispute with regard to further payment shall be decided in the pending execution proceeding. The learned Executing Court is requested to dispose of the execution proceeding as expeditiously as possible preferably by 23rd December, 2022.

The communication dated 11th August, 2022 to the learned State Advocate from the Government of West Bengal, Office of the District Magistrate & Collector, North 24-Parganas, Barasat is kept with the record. Accordingly, the contempt application being CPAN 1371 of 2017 stands disposed of.

However, there shall be no order as to costs. Urgent Photostat certified copy of this order, if applied for, be given to the parties on usual undertaking. (Siddhartha Roy Chowdhury, J.) (Soumen Sen, J.)