- (1.) An affidavit of undertaking has been filed by the managing director of the judgment -debtor company. Affidavits have also been filed by the son and daughter of the original decree -holder, but no affidavit has been filed by the widow of the original decree -holder since she is aged, infirm and unable to come to Court or go anywhere to affirm any affidavit.
(2.) The decree was passed pursuant to an award under the Arbitration Act, 1940 in favour of a proprietorship concern by the name of B.M.S. Engineers of which Sisir Kumar Banerjee was the proprietor. Sisir Kumar Banerjee died on February 1, 2012 and the decree -holder has since been represented by widow, Jaya Banerjee, son Sourav Banerjee and daughter Shreela.
(3.) Pursuant to previous directions, some payments have been made during the pendency of the execution proceedings. As of now, a further sum of 25 lakh is due and owing under the decree and the parties have agreed that such amount of Rs. 25 lakh will be paid off by an initial instalment of Rs. 4 lakh and by seven subsequent instalments of Rs. 3 lakh each payable on a monthly basis. The quantum and dates of payment have been indicated in Annexure A to the affidavit of undertaking filed on behalf of the judgment -debtor.;