Kotak Mahindra Bank Ltd. v. Bhuteswar Plastics Pvt. Ltd. & ORS.

OD-6 ORDER SHEET EC/24/2015 IA NO.GA/1/2017 (Old No.GA/2323/2017)

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE KOTAK MAHINDRA BANK LTD.

VS BHUTESWAR PLASTICS PVT. LTD. & ORS.

BEFORE:

The Hon'ble JUSTICE SABYASACHI BHATTACHARYYA Date: 22nd August, 2024.

Appearance:

Ms. Shrayashee Das, Adv.

Mr. Himanshu Bhawsinghka, Adv.

Mr. Rohan Kumar Thakur, Adv.

...for the award-holder Mr. Apurba Ghosh, Adv.

Mr. Souvik Das, Adv.

...for the award-debtors The Court: Learned counsel for the award-holder submits that a Memorandum of Understanding has been entered into between the parties. A copy thereof is handed over in Court today and is kept on record. In such view of the matter, the award-holder seeks to withdraw the execution case with liberty to file afresh in the event all the instalments in terms of the understanding are not paid by the award-debtors.

In the light of the above observations, EC/24/2015 along with IA No.GA/1/2017 (Old No.GA/2323/2017) are dismissed with withdrawn, with liberty to the award-holder to file a fresh execution petition in the event the understanding between the parties does not reach fruition. (SABYASACHI BHATTACHARYYA, J.) B.Pal