Batliboi Limited v. Union Of India

O-1

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE EC/52/2005 IA NO: GA/1/2006(Old No:GA/2853/2006) BATLIBOI LIMITED VS UNION OF INDIA

BEFORE:

The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 4th September, 2023.

Appearance:

Mr. Sayan Chakraborty, Adv.

Ms. Atasi Sarkar, Adv.

...for the petitioner Mr. Nandalal Singhani, Adv.

Ms. Priti Jain, Adv.

...for UOI The Court: This is an application for execution of an award dated 16th September, 2003 for an aggregate sum of Rs.1,06,80,293/-. Diverse orders have been passed from time to time. In fact, pursuant to an earlier order of Court, the judgment-debtor had deposited a sum of Rs.1 crore/-, which has been withdrawn by the award-holder.

It is submitted on behalf of the award-debtor that the sum of Rs.1,06,80,293/- was never claimed by the award-holder. The award-holder has also enjoyed the entire principal amount of Rs.1 crore alongwith accrued interest.

Be that as it may, the fact that the award is for a sum of Rs.1,06,80,293/- is indisputable.

The award-holder is ready to accept in full and final settlement an additional sum of Rs.5 lakhs against the entire decretal dues. The judgment-debtor, Union of India is directed to pay the sum of Rs.5 lakhs in full and final settlement of the entire decretal dues within a period of four weeks from the date of passing of the order. With the aforesaid directions, the award dated 16th September, 2023 stands satisfied in full and final satisfaction. EC/52/2005 stands disposed of.

All connection applications also stand dismissed as infructuous. (RAVI KRISHAN KAPUR, J.) S.Bag