HALDIA BULK TERMINALS PVT. LTD. Vs. BOARD OF TRUSTEES FOR
LAWS(CAL)-2019-1-147
HIGH COURT OF CALCUTTA
Decided on January 02,2019

Haldia Bulk Terminals Pvt. Ltd. Appellant
VERSUS
Board Of Trustees For Respondents

JUDGEMENT

- (1.) The Court All the three applications are taken up together and disposed of by this common order.
(2.) The petitioner filed the execution application for enforcement of an order dated 14th May, 2013 passed by the Hon'ble Division Bench by which the order of the learned Single Judge was partially modified.
(3.) The Hon'ble Division Bench restrained the petitioner from disposing of the equipment andor creating any third party interest over such equipment without the express leave being obtained from the Arbitral Tribunal upon notice to the KOPT. They were further restrained from removing any of the equipments out of the country. However, they were allowed to use the equipment anywhere within the country under the supervision of the Special Officers. Thereafter, the petitioner filed an application before the Arbitral Tribunal seeking sale of the equipments in question. A valuer was appointed. Since the petitioner was unable to deposit the value of the equipments as assessed by Mecon Limited, the petitioner did not implement the order passed by the Tribunal for sale of such assets. In the meantime, the respondent filed its statement of defence along with the counter claim.;


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