Nhpc Limited vs M/S. P&R Engineering Services
2021 Latest Caselaw 2805 Cal

17.04.2021
 KC(2)
                                F.M.A.T. 280 of 2021
                                    NHPC Limited
                                      -versus-
                           M/s. P&R Engineering Services
                                        With
                                   CAN 1 of 2021
                            (Circuit Bench at Jalpaiguri)

                               (Via Video Conference)




             Mr. Divij Kumar,
             Mr. Supratic Roy......................For the appellant.


                   Under    special   circumstances     this   appeal   is

             entertained by us.

                   This is a matter relating to the Circuit Bench at

             Jalpaiguri. We are aware of the fact that the Bar

             Association has taken a resolution that no matter be

             taken up ex-parte today. In this case to a limited extent

             this matter has to be dealt with, because it is urgent

             and we will have no occasion to revisit the matter again.

                   This appeal under Section 37 of the Arbitration

             and Conciliation Act, 1996 from the judgment and order

             of the learned District Judge, Jalpaiguri dated 27th

             January, 2021, arising out of a Section 34 appeal

             dismissing the challenge of the appellant and allowing

             the challenge of the respondent, is formally admitted.

Consequential orders for getting the appeal ready

for hearing may be passed by the Circuit Bench at

Jalpaiguri when it next entertains the stay application.

List the appeal and the application before the said

bench in the earliest circuit available.

In the meantime, the respondent is restrained

from taking any steps to execute the award or to take

any benefit thereunder without notice to the appellant.

In that eventuality it would be open to the appellant to

apprise any court or other jurisdiction of this order

admitting the appeal.

(I.P. MUKERJI, J.)

(MD. NIZAMUDDIN, J.)