Fujitsu India Private Limited v. Amrit Feeds Limited

OD-11

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE EC/119/2018 FUJITSU INDIA PRIVATE LIMITED VS AMRIT FEEDS LIMITED

BEFORE:

The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 31st August, 2023.

Appearance:

Mr. Soumabho Ghose, Adv.

Ms. Ashika Daga, Adv.

Mr. Jishnujit Ray, Adv.

...for the decree-holder.

The Court: The matter had been appearing in the Warning List and the judgment-debtor had sufficient notice that the matter would be taken up for hearing today.

It is submitted on behalf of the decree-holder that the judgment-debtor is facing insolvency proceedings before the National Company Law Tribunal. In view of the statutory embargo, this application cannot be proceeded with any further.

In such circumstances, EC/119/2018 is disposed of by granting liberty to the decree-holder to take appropriate steps in accordance with law for realizing the decretal amount.

Liberty is also granted to the decree-holder to file a fresh execution application if the circumstances so warrant.

The decree-holder is also granted liberty to take back the original of the award after replacing the same with the photocopy thereof.

Liberty is also granted to the decree-holder to file appropriate proceedings before the National Company Law Tribunal if so permissible in accordance with law.

(RAVI KRISHAN KAPUR, J.) s.pal