SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2023 Supreme(Cal) 1407

SHAMPA SARKAR
TIL Limited – Appellant
Versus
Shapoorji Pallonji & Co. Private Limited – Respondent


Advocates Appeared:
For the Petitioner: Mr. Rajarshi Dutta, Mr. D. Basu, Mr. Debjyoti Saha, Mr. Rahul Poddar
For the Opposite Party : Mr. Suman Kr. Dutt, Mr. Sankarshan Sarkar, Mr. Bhaskar Mukherjee, Ms. Nafisa Yasmin.

JUDGMENT :

1. The revisional application arises out of an order dated June 13, 2023 passed by the learned Judge, Commercial Court at Alipore in Arbitration Execution Case No.03 of 2022. By the order impugned, the learned court rejected I.A. No.02 of 2023, which was an application for recalling of an order dated April 5, 2023 passed in I.A. No.01 of 2022.

2. I.A. No.01 of 2022 was filed by the award holder with prayers for directions upon the judgment debtor to furnish security to the extent of Rs.3,19,30,564/- or in the alternative to deposit the entire amount in a short term interest bearing fixed deposit till the execution was satisfied. Such application was disposed of on April 5, 2023, by the learned Commercial Judge directing the award debtor to secure the entire amount within four weeks from the date of the order in the form of a renewable bank guarantee in favour of the petitioner/award holder, to be deposited with the learned Registrar, Alipore, till further orders.

3. The learned Commercial Judge considered the allegations made by the award holder that the award debtor was trying to surreptitiously withdraw the money lying in the bank account and was also selling out valuable

      Click Here to Read the rest of this document
      1
      2
      3
      4
      5
      6
      7
      8
      9
      10
      11
      SupremeToday Portrait Ad
      supreme today icon
      logo-black

      An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

      Please visit our Training & Support
      Center or Contact Us for assistance

      qr

      Scan Me!

      India’s Legal research and Law Firm App, Download now!

      For Daily Legal Updates, Join us on :

      whatsapp-icon telegram-icon
      whatsapp-icon Back to top