Hindusthan Engineering & Industries Ltd v. Metaflux Company Private Ltd.

OD-1 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE AP/21/2018 IA NO.GA/1/2018 (OLD NO.GA/1465/2018) GA/3/2025 HINDUSTHAN ENGINEERING AND INDUSTRIES LTD.

-VSMETAFLUX COMPANY PVT. LTD.

BEFORE:

The Hon'ble JUSTICE SHAMPA SARKAR Date: 28th January, 2025 Appearance:

Mr. Mohit Gupta, Adv..

Mr. A. P. Agarwal, Adv.

....for the petitioner Ms. Somali Mukhopadhyay, Adv.

....for the respondent The Court: GA/3/2025 is a joint application filed by the parties, which incorporates the terms of settlement. According to the said terms, the petitioner agreed to pay and the respondent agreed to receive Rs.2,30,00,000/- [Rupees Two crore thirty lakh] in full and final satisfaction of the award dated September 25, 2017. The settled amount has been paid by the petitioner to the respondent by cheque no.808380 dated January 17, 2025 drawn on Punjab National Bank and the same has been encashed. The learned Advocate appearing for the respondent accepts such submission. Thus, the award dated September 25, 2017 stands satisfied and adjusted in full and final satisfaction in terms of the settlement and the parties before the Court agree that the award has been satisfied. The petitioner had deposited a sum of Rs.36,80,079/- [Rupees Thirty-six lakh Eighty thousand and Seventy-nine] before the learned Registrar, Original

Side in terms of the order dated February 9, 2018, which was corrected by the order dated February 14, 2018. The same was invested in an interest bearing fixed deposit by the learned Registrar, Original Side. Accordingly, the Court records discharge and satisfaction of the award. All that remains is to direct the learned Registrar, Original Side to refund the amount lying in the fixed deposit with accumulated interest to the petitioner's Advocate-on-record, expeditiously, on the basis of a server copy of this order. Accordingly, GA/3/2025 is disposed of.

AP/21/2018 along with the connected application being GA/1/2018 (Old No.GA/1465/2018) stands disposed of in terms of the settlement arrived at between the parties.

(SHAMPA SARKAR, J.) R.Bose/akg/