In an unprecedented move a local court attached the offices and movable assets of the Tripura Industrial Development Corporation (TIDC) Chairman and Managing Director on Saturday. The attachment came in the wake of a case related to Bodhjungnagar industrial area land acquisition and compensation demand.
The TIDC authorities admitted that the attachment came due to a lacuna in regards to a stay order appeal on their part.
Soon after the attachment Special Secretary to Industries and Commerce department Abhishek Chandra in a hurriedly called press conference said, one Goutam Kumar Das and others had filed a case demanding compensation following land acquisition. The total compensation amount asked for was Rs.4,79,67,715. The lower court gave the compensation to the claimant but the TIDC contested the case in the High Court against a lower court order. However, in compliance with the High Court order the TIDC had also deposited an amount of Rs. 1,28,27,500.
“We were supposed to apprise the lower Court that the case was already listed in the High Court and no order should be passed till the court proceedings are over. But, the fact is that we didn’t have the stay order,” the Special Secretary said.
In absence of the stay order the LA court the sent bailiff and since the money was not paid they in accordance with the court order attached the offices of the Chairman and Managing Director.
A press note said, a Stay Petition has also been filed by the TIDC for the stay of the Judgment of the L.A Court. But, in the meantime the attachment process has been initiated by the Ld. LA Court.
According to an official note L.A Judge, Court No.3 No. Misc (L.A) in an order of 09.09.2019 enhanced the award in favour of the Claimant and directed the Judgment debtor TIDC to make the payment. The Claimant also filed one Execution Petition bearing No. Ex (M) 21 of 2020 for the enforcement of the judgment and order dated 09.09.2019.
That being aggrieved and dissatisfied by the impugned judgment and order dated 09.09.2019 TIDC Ltd. preferred an appeal before the High Court of Tripura which was registered and marked as L.A Appeal 32 of 2021. However, no separate I.A application was filed by the concerned penal lawyer for the stay of the judgment and decree of the Ld. L.A court. It is also pertinent to mention that at the time of preferring appeal, T1DC paid a part of the awarded amount before the Registrar General of the High Court of Tripura amounting to Rs.1,28,27,500/- on 31.03.2022.
That in the meantime TIDC Ltd. received order sheets from the Ld. L.A Court in connection with the payment of the awarded amount. Then, the concerned Penal lawyer of the High Court was informed and asked to seek the stay order from the High Court, and on 18.08.2022 OSD TIDC Ltd. visited the High Court to swear affidavit in the I.A Application for seeking the stay of the judgment of the Ld. L.A Court.
However, on Saturday “the bailiff of the Ld. L.A Court, (Court No.4) approached in the office of the TIDC along with the attachment order dated 18.07.2022 whereby the Court of Ld. L.A Judge directed the TIDC Ltd. to make the payment of Rs.4,79,67,715 and in case of default the Court directed the Bailiff of the Court to attach movable properties of the judgment debtor i.e., TIDC Ltd.
