Magma Fincorp Limited vs Sibaram Das & Ors on 8 June, 2011

                           AP No. 409 of 2011
                      IN THE HIGH COURT AT CALCUTTA
                     Ordinary Original Civil Jurisdiction


                                     MAGMA FINCORP LIMITED
                                          Versus
                                     SIBARAM DAS & ORS.



  BEFORE:
  The Hon'ble JUSTICE I. P. MUKERJI
  Date : 8th June, 2011.


                                     Ms.Sutapa Sanyal,Adv. for the petitioner.



                  The Court : According to the petitioner the learned Arbitrator

has not apprised them about the exact date on which the award was sent and

delivered by him to the award debtors. Therefore, an execution application

cannot be made. Hence this Court should direct the sum held by the Receiver to

be handed over to the petitioner.

                This kind of an order cannot be passed at all as that would

amount to circumventing the procedure prescribed for execution and usurping

the powers of the executing court.

                Hence I dispose of this application by directing the learned

Arbitrator to furnish to the petitioner all details of the date when the award was

sent and delivered to the respondents within three days of receipt of a copy of

this order. If the award has not been served by the Arbitrator, he should

forthwith serve the same on the award debtors within two weeks from date and
2

furnish all the details of such service to the petitioner within three days

thereafter.

All parties concerned are to act on a signed photocopy of this

order on the usual undertakings.

(I. P. MUKERJI, J.)

pa