M/S. Rajpath Contractors And ... vs State Of West Bengal
2021 Latest Caselaw 46 Cal/2

ORDER SHEET

                                                                         OD-20


                            EC No. 287 of 2020
                     IN THE HIGH COURT AT CALCUTTA
                   ORDINARY ORIGINAL CIVIL JURISDICTION


              M/S. RAJPATH CONTRACTORS AND ENGINEERS LTD.
                                 VERSUS
                          STATE OF WEST BENGAL



  BEFORE:
  The Hon'ble JUSTICE DEBANGSU BASAK
  Date: 14th January, 2021.

  (Via Video Conference)

                                                                    Appearance:
                                                       Mr. Priyankar Saha, Adv.
                                                      Mr. Amritam Mandal, Adv.
                                                For the petitioner/award-holder.

                                                        Mr. Paritosh Sinha, Adv.
                                                      Mr. Arindam Mandal, Adv.
                                       For the State of West Bengal/respondent.

The Court :- The award-holder seeks to execute an award dated April 30,

2009.

Learned Advocate appearing for the award-holder submits that, the

judgment-debtor filed an application under Section 34 of the Arbitration and

Conciliation Act, 1996 challenging the award. Such application was dismissed.

Against such order of dismissal an appeal under Section 37 of the Act of 1996

was filed being FMAT No. 1261 of 2013, which was dismissed for default on

November 17, 2014. He submits that, there is no impediment in the execution of

the award.

Learned Advocate-on-Record for the State of West Bengal seeks time to

take instructions. He submits that, the amount claimed by the award-holder as

appearing from the tabular statement may not be in consonance with the award

passed.

The award dated April 30, 2009 states that, there will be an award for a

sum of Rs. 56,42,488/- and Rs. 26,62,472/- as interest and costs of

Rs.1,00,000/- aggregating to a sum of Rs. 84,04,960/-. The award also provides

that, in the event of default, the award-holder will be entitled to further interest

as stipulated in Section 31[7][b] of the Arbitration and Conciliation Act, 1996.

The principal sum awarded is Rs.56,42,488/-. The challenges to the award

failed. There is no impediment in the award being executed. At this stage, it

would be appropriate to pass an order in terms of prayer [a] of the tabular

statement limited to Rs.56,42,488/-. The Reserve Bank of India will make over

the payment of a sum of Rs. 56,42,488/- to the award-holder within a fortnight

from the date of communication of this order to the Reserve Bank of India.

List the execution application on January 28, 2021 under the same

heading.

(DEBANGSU BASAK, J.)

snn.