Calcutta High Court
State Of West Bengal & Anr vs Sambhu Nath Ghosh & Co on 13 September, 2024
Author: I. P. Mukerji
Bench: I. P. Mukerji
IA No: GA 1 of 2024
APOT No. 304 of 2024
with
AP No. 654 of 2011
IN THE HIGH COURT AT CALCUTTA
In appeal from its
ORDINARY ORIGINAL CIVIL JURISDICTION
CIVIL APPELLATE JURISDICTION
State of West Bengal & Anr.
Versus
Sambhu Nath Ghosh & Co.
Before:
The Hon'ble Justice I. P. MUKERJI
And
The Hon'ble Justice BISWAROOP CHOWDHURY
Date: 13th September 2024
Appearance:
Mr. Priyankar Saha Advocate
Mr. Paritosh Sinha, Advocate
Mr. Arindam Mandal, Advocate
Mr. Ritaban Sarkar, Advocate
Mr. Altamash Alim, Advocate
Mr. Aishik Chakraborty, Advocate
for the appellants
Ms. Noelle Dey Banerjee, Advocate
Mr. Akash Agarwal, Advocate
Mr. Saptarshi Kar, Advocate
Ms. Akansha Ghopra, Advocate
for the respondent
The Court: Order in terms of prayer (a) of the stay petition. We formally admit the appeal.
It is under the old Arbitration Act, 1940. The appeal is from a judgment and order dated 16th August 2023 passed by a learned single judge of this court dismissing an application to set aside the award taken out under sections 30 and 33 of the said Act.
In the facts and circumstances, no stay order is necessitated. We direct that the appeal be heard out dispensing with all formalities.
2
As respondent is represented by learned counsel, issuance and service of the notice of appeal are dispensed with.
Advocate-on-record for the appellants has already prepared an informal paper book.
We give leave to advocate-on-record for the appellants to file the paper books prepared and brought ready to court. They be taken on record. A copy thereof shall be served on advocate-on-record for the respondent, if not already served, by 17th September 2024.
List the appeal for hearing on 23rd September 2024. The awarded sum is deposited with the Registrar, High Court, Original Side as security during pendency of this proceeding. Since this appeal is a continuation of the section 30 and 33 proceedings, we direct that the said security be held by the Registrar till the disposal of the appeal or until further orders whichever is earlier.
The stay application (IA No: GA 1 of 2024) is disposed of. As affidavits were not invited, the allegations contained in the stay application are deemed to have been not admitted.
(I. P. MUKERJI, J.) (BISWAROOP CHOWDHURY, J.) R. Bose