Kptl Jmc Yadav (Jv) v. Union Of India, Eastern Railway Malda Division

OCD-38 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE (Commercial Division) EC/313/2021 KPTL JMC YADAV (JV) VS UNION OF INDIA, EASTERN RAILWAY MALDA DIVISION

BEFORE:

The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA Date : 12th December, 2023.

Appearance:

Mr. Chayan Gupta, Adv.

Mr. Manas Das, Adv.

Mr. Rittick Chowdhury, Adv.

...for the award-holder Mr. Siddhartha Lahiri, Adv.

...for the award-debtor The Court:- Learned counsel appearing for the award-holder seeks to withdraw the present application and file a fresh execution application claiming the withheld price variation amount as was granted to the petitioner (claimant in the Arbitration) in the relevant part of the award dated 27th April, 2021. The Court is informed that the award-holder has already realized an amount approximately of Rs.1.41 crores inclusive of interest. EC/313/2021 is accordingly disposed of in terms of the above with liberty to the award-holder to file a fresh execution proceeding. The award-holder is also given leave to obtain the original award from the Department in exchange of a photo copy of the said award. (MOUSHUMI BHATTACHARYA, J.) T.O.

A.R.(C.R.)