M/S Ugro Capital Limited v. M/S Svt Enterprise And ORS

OCD -1 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

COMMERCIAL DIVISION ORIGINAL SIDE EC-COM/236/2024 M/S UGRO CAPITAL LIMITED VS M/S SVT ENTERPRISE AND ORS

BEFORE:

The Hon'ble JUSTICE SHAMPA SARKAR Date: 14th February, 2025.

Appearance:

Mr. Paritosh Sinha, Adv.

Mr. K.K. Pandey, Adv.

Ms. Pooja Sett, Adv.

...for the award-holder Mr. Kaustav Bagchi, Adv.

Syed Moyeerul Arefin, Adv.

...for the award-debtor The Court: This is an execution application filed for execution of an award dated August 25, 2023. The execution application was filed sometime in July, 2024. Mr. Kaustav Bagchi, learned advocate for the award-debtors submits that upon suppression of the settlement in full discharge of the award, the execution was filed. Mr. Pandey submits that the settlement took place sometime in October, 2024, that is, after the execution application was filed. Mr. Bagchi submits that this fact should have been brought to the notice of the Bench when the order was passed on November 27, 2024 by another learned coordinate Bench. Mr. Bagchi's contention is that harassment has been caused

to the award-debtors. Mr. Pandey submits that the learned advocate was not properly instructed. Thus the order dated November 27, 2024 did not record such discharge and satisfaction of the award. Today, it is submitted that the matter may be dismissed as not pressed. Such prayer is allowed upon recording full and final settlement of the award. The award-debtors are at liberty to proceed in accordance with law against the alleged harassment caused to them, before the appropriate forum. (SHAMPA SARKAR, J.) TR/