M/S Buildrite Construction Co. v. Howrah Municipal Corporation

S/L 10 11.01.2021 Court. No. 19 GB C.O. 1665 of 2020 M/s. Buildrite Construction Company, Represented by Mr. Pradip Kumar Mukherjee Vs.

Howrah Municipal Corporation (Through Video Conference) Mrs. Pampa Dey (Dhabal) ... for the Petitioner.

The petitioner is the decree holder and prays for expeditious disposal of Misc. Execution Case No. 01 of 2009, pending before the learned Civil Judge (Senior Division), 1st Court at Howrah.

It is contended by the petitioner that the award was passed on January 31, 2003. Thereafter the award was confirmed in terms of Sections 14(2) and 17 of the Arbitration Act, 1940. The petitioner filed Misc. Execution Case No.01 of 2009. The petitioner filed an application for attachment of the bank account of the decree holder which is pending. An application under Order 21, Rule 11(j)(iv) of the Code of Civil Procedure, which was filed on July 15, 2015, is also pending.

Under such circumstances, this revisional application is disposed of with a direction upon the learned court below to dispose of the pending applications in connection with Misc. Execution Case No.01 of 2009 as expeditiously as

possible, preferably within a period of three months from the next date fixed upon affording an opportunity to the judgment debtor to contest the same.

This Court has not gone into the merits of the claims and counter-claims of the parties and the learned court below will proceed independently and in accordance with law without being influenced by any observations made hereinabove.

The judgment debtor will be served with the copy of this revisional application along with a server copy of this order within seven days.

The revisional application is disposed of.

There will be, however, no order as to costs. Urgent Photostat certified copy of this order, if applied for, be given to the parties on priority basis. (Shampa Sarkar, J.)