Calcutta High CourtEC/47/2016dismissed as non prosecution

The State Trading Corporation Of India Ltd. v. M/S. R. Piyarelall Import & Export Ltd.

2023-08-22Hon'Ble Justice Ravi Krishan Kapur1 pages

OD-49

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE EC/47/2016 THE STATE TRADING CORPORATION OF INDIA LTD.

VS M/S. R. PIYARELALL IMPORT & EXPORT LTD.

BEFORE:

The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 22nd August, 2023 The Court : This matter had been appearing in the Warning List and the parties are deemed to have had notice that this application would be taken up for hearing today.

The judgment debtor is unrepresented.

It is submitted on behalf of the award holder that so far as the award holder has been able to ascertain, the judgment debtor is facing Insolvency proceedings before the N.C.L.T.

However, there is a caveat. The award holder is unable to have obtained any firm instructions.

In such view of the matter, EC/47/2016 stands dismissed for nonprosecution. Liberty is granted to the award holder to file a fresh execution application or agitate its claim in accordance with law if the circumstances so warrant and, if so advised.

(RAVI KRISHAN KAPUR, J.) D.Ghosh