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IN THE HIGH COURT AT CALCUTTA
SABYASACHI BHATTACHARYYA
Sujata Gupta Winfield – Appellant
Versus
CIC society – Respondent
Judgment :
Sabyasachi Bhattacharyya, J.
1. The present application seeks a review of the order dated November 8, 2024 whereby the legal heirs of one of the deceased award debtors, namely Late Aditya Vikram Gupta, were added as parties to the execution application and the plea of the award debtors/review applicants that the execution case was time-barred, either as against the heirs or Late Aditya Vikram or as a whole, was turned down.
2. There are four plinths of the arguments of the award debtors/review applicants:
(i) That Section 21 of the Limitation Act, which was one of the bases of the order under review, is not applicable to execution applications but only to suits. Hence, the reliance of the court on the said provision was an error apparent on the face of the record. In the absence of such provision being applicable, the proviso thereto, which mitigates the belated filing of a suit in cases of good faith, is also not applicable to the execution case.
(ii) Even if, for argument's sake, it is assumed that Section 21 of the Limitation Act is applicable to the execution case, the proviso to sub-section (1) thereof is not attracted, since there was lack of “good faith”, which is an
A second execution petition filed after the limitation period is barred, and withdrawal of an earlier execution does not extend the limitation period.
The period for executing a decree runs from the date of the appellate decree, even when there is an appeal regarding part of the decree.
The execution of an ex parte decree is not barred by limitation if the decree has merged with a revisional order, resetting the limitation period for enforcement.
Execution of decree – Execution can proceed even if formal decree is not drawn – Quoting a wrong statutory provisions does not create a bar and stand in way of considering application.
The main legal point established is that the Code of Civil Procedure is not applicable to the execution proceedings of the Arbitration Award under the Act, and there is no abatement if the legal repr....
A court cannot independently impose asset disclosure requirements during execution proceedings without a request from decree holders, ensuring compliance with jurisdictional provisions and protecting....
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