Citation : 2021 Latest Caselaw 109 Cal/2
Judgement Date : 3 February, 2021
ORDER SHEET
OC-7
EC/23/2021
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL CIVIL JURISDICTION
COMMERCIAL DIVISION
RAHEE-ALLIED (JV) AND ORS.
VERSUS
THE UNION OF INDIA
BEFORE:
The Hon'ble JUSTICE DEBANGSU BASAK
Date: 3rd February, 2021.
(Via Video Conference)
Appearance:
Mr. Samrat Sen Sr. Adv.
Mr. R.L. Mitra, Adv.
Mr. Nirmalya Dasgupta, Adv.
Ms. Priyanka Dhar, Adv.
The Court: The award holder seeks to execute the award dated November
23, 2019 as corrected on November 29, 2019.
Learned senior advocate appearing for the award holder submits that
although an application under Section 34 of the Arbitration and Conciliation Act,
1996 was filed by the judgment debtor, the judgment debtor did not apply, so far
as the award holder is aware of, under Section 36 of the Act of 1996 for stay of
the execution of the award. He seeks an order in terms of prayers (b) and (e) of
Column 10 of the Tabular Statement.
Since the award dated November 23, 2019 as corrected on November 29,
2019 remains outstanding, it would be appropriate to pass an order in terms of
prayer (e) of Column 10 of the Tabular Statement a the present moment.
The award holder will serve a copy of the execution application upon the
judgment debtor and file an affidavit of service to such effect on the next date.
List the execution application under the same heading on February 23,
2021.
(DEBANGSU BASAK, J.)
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