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2001 Supreme(Cal) 410

Ajoy Nath Ray, S.N.Bhattacharjee
Safik Khan – Appellant
Versus
Eastern Coal Field Ltd. – Respondent


Advocates Appeared:
H.M. Dutta, Mithua Sen for the appellant;
P.K. Roy, Samar Banerjee, Pramit Kr. Roy for the respondent.

JUDGMENT

The Court : This is an appeal preferred by a private person from a judgment and order passed in execution on the 2nd of November, 1998 refusing relief to the said appellant/plaintiff.

2. He had obtained an award and a judgment in terms of the award in or about the year 1994 and thereafter had succeeded in obtaining an order of attachment passed by one of us (Justice Ajoy Nath Ray when sitting singly) on the 10th of February, 1998 attaching a sum of Rs. 2,90,000/- in the State Bank of India, Asansol. Parties have not objected (understandably) to us hearing the matter.

3. In the tabular statement of the execution application which was dismissed in the court below it was prayed that a sum of Rs. 2,80,468/- be paid over to the plaintiff in satisfaction of the perfected award.

4. Execution was refused on the sole ground that this High Court was not the proper court with territorial jurisdiction to entertain the reference matter. It was opined that although the Eastern Coalified Ltd., the respondent in the appeal, does carryon business within the territorial limits of this Court, admittedly, at No. 13, R.N. Mukherjee Road, yet the registered office, and therefore, the principal off










































































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