M/S Ugro Capital Limited v. Anindita Automobiles And ORS

OC-77& 78 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

COMMERCIAL DIVISION ORIGINAL SIDE AP-COM/376/2024 [Old case no. AP/725/2023] M/S. UGRO CAPITAL LIMITED VS ANINDITA AUTOMOBILES AND ORS.

WITH AP/831/2023 ANINDITA AUTOMOBILES AND ORS.

VS.

UGRO CAPITAL LIMITED

BEFORE:

The Hon'ble JUSTICE SHAMPA SARKAR Date 11th June, 2025.

Appearance:

Mr. Paritosh Sinha, Adv.

Mr. K.K. Pandey, Adv.

Ms. Pooja Sett, Adv.

Ms. MallikaBothra, Adv.

For petitioner in AP-COM/376/2024 Respondent in AP/831/2023 THE COURT: AP-COM/376/2024 is an application for post award injunction. The petitioners submit that directions upon the award debtors to furnish security and to disclose the assets should be passed. An order of injunction restraining the award debtors from transferring, alienating and/or encumbering the assets, also be issued. The award was passed on 15th December, 2023.

It is submitted that the award has been challenged, but the deposit of the sum awarded has not been made.

It is submitted that an order was passed by this Court in the application for interim relief directing deposit of Rs.1,89,000/-. The petitioner is unaware whether such deposit was made. However, this Court is of the view that, as there is no stay of the enforcement of the award, the petitioner can proceed with the execution case.

Under such circumstances, a post award injunction is not necessary. The petitioner shall proceed in accordance with law. AP-COM/376/2024 is, accordingly, disposed of. RE: AP/831/2023 Let AP/831/2023 be de-tagged and be listed under the appropriate heading in the monthly list of July 2025.

Affidavit-in-opposition as also the supplementary affidavit filed in AP/831/2023 is taken on record.

The prayer of Mr. Pandey for withdrawal of the money, if any, deposited is not entertained at this stage and appropriate application can always be filed at the appropriate stage.

(SHAMPA SARKAR, J.) Sb/pa