L & T FINANCE LIMITED Vs. DIPAK KUMAR BANERJEE & ANR
LAWS(CAL)-2018-10-48
HIGH COURT OF CALCUTTA
Decided on October 09,2018

L And T Finance Limited Appellant
VERSUS
Dipak Kumar Banerjee And Anr Respondents

JUDGEMENT

Soumen Sen, J. - (1.) This execution application is filed based on the judgment of the Hon'ble Supreme Court in the matter of (BOARD OF CONTROL FOR CRICKET IN INDIA VERSUS KOCHI CRICKET PRIVATE LIMITED AND OTHERS, 2018 6 SCC 287) as there is no stay of operation of the award. The application for setting aside of the award was filed prior to this judgment and the award debtors were enjoying unconditional stay under the provisions of the unamended Arbitration & Conciliation Act, 1996. However, by reason of the said judgment it has now become necessary for the award debtor for operation of the award failing which execution proceeding can continue.
(2.) It is submitted on behalf of the petitioner that there is no stay of operation of the award.
(3.) Under such circumstances the judgment debtors are directed to file their individual affidavit of assets in Form No. 16A Appendix E of the Code of Civil Procedure, on or before 7th December, 20178.;


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