The Superintending Engineer And ANR v. M/S Manickam Enterprises
IN THE HIGH COURT AT CALCUTTA
[CIRCUIT BENCH AT PORT BLAIR ] *** CO/9/2025 The Superintending Engineer and another Vs M/S Manickam Enterprises Mr. Shatadru Chakraborty, Sr. Adv.
Mr. Rakesh Kumar ... for the petitioners Mr. Gopala Binnu Kumar ... for the respondent February 27, 2025 [AKB] Item no. 5 1.
This revisional application has been filed assailing the order dated 05.12.2024 passed in Money Execution Case No. 4 of 2018 whereby learned District Judge allowed the prayer for decree holder with a direction upon the judgement debtor to pay the amount to the tune of Rs. 1,66,773/-as interest for the period from 08.07.2022 till 19.10.2022. Money Execution Case was filed for reliasation of award passed by the learned sole arbitrator on 30.12.2017.
2.
After filing of the Execution Case judgement debtor/petitioner herein paid Rs. 1,13,55,758/- towards the awarded amount along with interest upto 07.07.2022. 3.
After the payment of awarded amount with interest upto 07.07.2022 decree holder file an application claiming interest for the period from 07.07.2022 to 19.10.2022.
4.
The said application was heard by learned District Judge in Money Execution Case. Written objection was filed by the judgement debtor. The learned District Judge passed order impugned directing the judgement debtor to pay the amount of Rs. 1,66,773/- towards interest for the period from 08.07.2022 to 19.10.2022 considering the prayer in terms of calculation sheet prepared by decree holder.
5.
It has been observed by learned District Judge in the impugned order that he did not find any other calculation sheet from the side of the judgement debtor and in that situation he passed the order directing the judgement debtor to pay amount calculated according to calculation sheet submitted by the decree holder.
6.
From the copy of written objection it is found that on behalf of the judgement debtor a calculation statement of tabulation sheet
was annexed with the written objection as Annexure 'D', but the learned District Judge didn't consider that calculation statement sheet submitted by the judgement debtor.
7.
In the aforesaid view of the matter I find that learned District Judge ought to have perused the calculation statement prepared and filed on behalf of the judgement debtor as well before recording his final order directing payment of a particular amount only on the calculation statement submitted by decree holder. 8.
On that score the order impugned in this revisional application stands set aside with a request to the learned District Judge to rehear the application on behalf of the decree holder claiming interest of Rs. 1,66,773/- for the period 08.07.2022 to 19.10.2022 after taking the calculation sheet (Annexure D) to the written objection submitted on behalf of the judgement debtor and to pass a reasoned order after giving an opportunity of hearing to the parties to the execution case.
9.
Learned District Judge is also requested to dispose of the application preferably within four weeks from the date of communication of this order.
10.
Registry is directed to communicate this order to the learned District Judge.
11.
With the aforesaid observation the instant revisional application stands disposed of.
12.
Parties are directed to act on the website copy of this order duly downloaded from the official website of this Court. (Bibhas Ranjan De, J.)