M/S. Elastolan Engineers Pvt. Ltd. v. Garden Reach Shipbuilders & Engineers Ltd.

OD-20 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE [Via Video Conference] AP/17/2007 M/S. ELASTOLAN ENGINEERS PVT. LTD.

Versus

GARDEN REACH SHIPBUILDERS & ENGINEERS LTD.

BEFORE:

The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA Date : 26th March, 2021.

Appearance:

Mr. Mukteswar Maity, Adv.

...for the petitioner The Court : The Advocate-on-Record of the petitioner in this application for setting aside of an award dated 26th December, 2006 submits that the petitioner and the respondent have entered into an Memorandum of settlement dated 6th January, 2021 pursuant to payment of a sum of Rs.30,77,205/- by the petitioner to the respondent. Clause (5) of the Memorandum states that the entire claim of the respondent shall stand satisfied upon the payment of the said amount by the petitioner. Counsel submits that the said amount has already been paid by the petitioner to the respondent. Clause (3) of the Memorandum provides that the petitioner shall withdraw A.P. No. 17 of 2007 filed before this Court within 15 days from the date of execution of the Memorandum of settlement.

The Memorandum is dated 6th January, 2021. The original of the Memorandum of settlement has been deposited in Court today and is kept on record.

In view of the above, A.P. No. 17 of 2007 is dismissed in terms of the Memorandum of Settlement arrived at between the parties. (MOUSHUMI BHATTACHARYA, J.) TO