M/S. Lalji Singh v. Hindustan Cables

OD-103 EC/7/2021

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE [Via Video Conference] M/S. LALJI SINGH

VERSUS

HINDUSTAN CABLES

BEFORE:

The Hon'ble JUSTICE DEBANGSU BASAK Date : 12th February, 2021.

Appearance:

Mr.Tilak Kr. Bose, Sr. Adv.

Mr.D.Das, Adv.

The Court: Learned advocate appearing in support of the execution application seeks leave to withdraw the execution petition and to file afresh on the selfsame cause of action. He seeks leave to obtain the certified copy of the award filed with the execution petition.

Learned senior advocate appearing for the respondent submits that a copy of the execution petition be served upon the judgment-debtor. Since the award-holder seeks to withdraw the execution petition, it would be appropriate to permit the award-holder to do so. EC No.7 of 2021 is dismissed as withdrawn with liberty to file afresh on the selfsame cause of action.

Learned advocate on record for the award-holder is at liberty to obtain the certified copy of the award annexed to the execution petition upon furnishing a duly authenticated copy thereof to be kept on record. (DEBANGSU BASAK, J.) D.Ghosh