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Calcutta High CourtEC/97/2020dismissed for default

Gouranga Lal Chatterjee Construction Pvt Ltd v. The State Of West Bengal And ORS

2021-09-23Hon'Ble Justice Ravi Krishan Kapur2 pages

OD-78 EC/97/2020

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE GOURANGA LAL CHATTERJEE CONSTRUCTION PVT. LTD. VS THE STATE OF WEST BENGAL AND ORS.

BEFORE:

The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 23rd September, 2021.

Mr. Paritosh Sinha, Mr. Arindam Mandal, Advocates for the respondents. The Court: None appears on behalf of the decree holder nor is any accommodation prayed for on their behalf. The matter had appeared on an earlier occasion, i.e., on 20th September, 2021, when the decree holder was also not represented. Mr. Sinha appears on behalf of the State of West Bengal and submits that pursuant to an order dated 5th April, 2019 passed by the Competent Court the decree sought to be executed has been stayed on certain terms and conditions.

It is further submitted on behalf of the judgment debtor that no purpose would be served in keeping this application alive. In view of the aforesaid, EC/97/2020 is dismissed for default. Liberty is granted to the decree holder to take back the certified copy of the award sought to be executed after replacing the same with a copy thereof. Liberty is also granted to the petitioner to file a fresh execution application in accordance with law, if the circumstances so warrants. (RAVI KRISHAN KAPUR, J.) pkd/mg.