Calcutta High Court
State Of West Bengal vs M/S. B.B.M. Enterprises on 16 April, 2026
Author: Debangsu Basak
Bench: Debangsu Basak
ORDER SHEET
OD-5 & 6
IN THE HIGH COURT AT CALCUTTA
CIVIL APPELLATE DIVISION
ORIGINAL SIDE
IA NO. GA/1/2026
WITH
EC/132/2012
In
APOT/47/2026
STATE OF WEST BENGAL
Vs
M/S. B.B.M. ENTERPRISES
AND
IA NO. GA/1/2026
WITH
EC/133/2012
In
APOT/48/2026
STATE OF WEST BENGAL
Vs
M/S. B.B.M. ENTERPRISES
BEFORE:
THE HON'BLE JUSTICE DEBANGSU BASAK
-AND-
THE HON'BLE JUSTICE MD. SHABBAR RASHIDI
Date: 16thApril, 2026.
Appearance:
Mr. Sudip Deb, Sr. Adv.
Ms. Noelle Banerjee, Adv.
Mr. Paritosh Sinha, AoR.
Mr. Arindam Mandal, Adv.
Ms. Swagata Ghosh, Adv.
...for the appellant.
Mr. AniruddhaMitra, Sr. Adv.
Ms. NilanjanaAdhya, Adv.
...for the respondent.
The Court: Two appeals are taken up for analogoushearing as they
involve the same issues and are between the same parties.
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Appeal is directed against a judgment and order dated January 28,
2026 passed in GA 4 of 2025 in EC/132/2012 and GA 4 of 2025 in
EC/133/2012.
Appellant suffered two several awards. Both the awards were put into
execution in execution proceedings being EC No.132 of 2012 and EC No.133
of 2012. In both the execution proceedings, two several orders dated April
21, 2025 were passed in the two individual execution proceedings. Relevant
portions of the orders dated April 21, 2025 are as follows:
"11. During the hearing, Mr. Mitra, Senior Advocate appearing on
behalf of the award-holder in his usual fairness submitted that
even though the award holder is entitled to interest upto date i.e.
31st March, 2025, the award holder is ready and willing to accept
an amount of Rs.52,86,219/- as full and final settlement and
forego the balance amount on account of interest provided that the
said amount is paid by 31st May, 2025. In this connection, the
award holder relied on a fresh calculation particulars of which are
set out below:
1. Total Amount as on 31.10.2020 Rs.
(as per calculation of Judgement 4,13,60,553.00
Debtor)
2. Add Interest @ 15% p.a. on Rs. 52,86,219.00
Rs.4,13,60,553.00 from
01.11.2020 to 07.09.2021 i.e.
for 311 days.
3. Sum as on 08.09.2021 Rs.
4,66,46,772.00
4. Less:- Payment received from: (-) Rs.
Judgement Debtor through ECS. 4,13,60,553.00
5. Balance Amount as on Rs. 52,86,219.00
08.09.2021
6. Add:- Interest @ 15% p.a. on Rs. Rs. 28,21,428.00
52,86,219.00 from 10.09.2021
to 31.03.2025 for 1299 days.
7. Final Amount Receivable as on: Rs. 81,07,647.00
31.03.2025
.........................
14. In view of the above, the State is directed to make
payment of the amount of Rs.52,86,219/- being the balance
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interest component by 30th May, 2025. This is in full and final
settlement of the dues of the award holder. In default, the State
would pay the interest component @ 15% per annum on
Rs.52,86,219/- from 8th September, 2021 till the date of actual
payment in terms of the award and the above concession granted
to the State would stand withdrawn. Liberty is granted to the
award-holder to file an appropriate application in accordance with
law in case of default of the above directions.”
The award-debtors filed two applications in the execution proceedings
seeking modification of the order dated April 21, 2025. Those two
modification applications were disposed of by the impugned judgment and
order.
Awards were for specified amount along with interest as recorded
therein. As on April 21, 2025 the parties agreed that, interest compounded
on the award was Rs.52,86,219/-. On the concession of the award-holder,
the award-debtor was permitted to pay the sum of Rs.52,86,219/- in full
and final settlement and to forego the balance amount on account of interest
profit, such sum was paid by May 31, 2025.
Amount of Rs.52,86,219/- was not paid by May 31, 2025.It was paid
subsequently. It is then that, the award-debtor made two applications for
modifications.
We are concerned more with paragraph 14 of the order dated April 21,
2025, which, in our view, proceeds to re-write the award. It directs the
interest to be paid on a particular sum which, cannot be the sum as that of
the award. Question, therefore, allowing a modification of the order dated
April 21, 2025 does not arise.
Award holder can give up a portion of its claim as done in these
appeals and recorded in the orders dated April 21, 2025. Paragraph 11 of
such orders which records the concession given by the award-holder does
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not record that in default of payment there would be interest liability.
Interest liability on default of the sum specified was introduced in paragraph
14 which tantamount to rewriting the award by the executing court.
In such circumstances, the judgment and order dated January 28,
2026 including the observations made in paragraph 11 thereof are set aside.
APOT/47/2026 and APOT/48/2026 both are disposed of along with
all pending applications, accordingly, without any order as to costs.
(DEBANGSU BASAK, J.)
(MD. SHABBAR RASHIDI, J.)
S. A.
AR (CR)