MECON LIMITED, RANCHI. Vs. HINDUSTAN CONTROLS AND EQUIPMENT PVT. LTD.
LAWS(JHAR)-2020-2-14
HIGH COURT OF JHARKHAND
Decided on February 24,2020

Mecon Limited, Ranchi. Appellant
VERSUS
Hindustan Controls and Equipment Pvt. Ltd. Respondents

JUDGEMENT

- (1.) In the present appeal, the appellant has challenged the Judgment and Decree, passed by the Commercial Court, Ranchi, in REVOC-1000003 of 2016. The appellant Company is the judgment-debtor and the respondent Company is the decree-holder.
(2.) In the execution proceeding before the Commercial Court, Ranchi, there was an order of attachment of the property of the appellant Company. The matter had been brought to this Court by the appellant, but ultimately, the appellant was not successful in getting the proceedings in the Execution Court stayed.
(3.) On 26.9.2019, the Execution Court passed the following order:- "26.09.2019 Both the sides are represented through their learned counsel. Case called out. Perused the record. It appears that on 25.09.2019 the decree-holder was directed to receive the cheque which was deposited by the judgment debtor with further directions as enumerated in the order-sheet. Today, a petition has been filed on behalf of the decree-holder stating therein that he is ready to receive the cheque of Rs. 20,84,53,247.43/- without prejudice to its right to agitate the payment of the balance amount which is due to it in accordance with the arbitral award. It is further stated that the decree-holder under takes that it will not withdraw the amount from the bank till the disposal of the Commercial Appeal No. 04/2018. It further undertakes to fixed deposit the amount of Rs. 20,84,53,247.43/- and the same shall be kept in lien mark to Mecon Ltd. till the disposal of Commercial Appeal No. 04/2018 pending before the Hon'ble Court or till further orders for removal of lien is given by the Hon'ble Court. The decree-holder has received the cheque and has made in endorsement to that effect in the ordersheet. Photo copy of the cheque has been taken and affixed in the record and the decree-holder has also furnished photocopy of driving licence in support of his identity. Nothing more is required to be done in the present execution case hence the present execution case stands disposed of. O/c is directed to consign the record in the record room as per Rules." ;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.