M/S. Mohanlal Roongta And Anr vs Union Of India And Ors
2021 Latest Caselaw 457 Cal/2

OD-5
                                    ORDER SHEET

                                     GA 1 OF 2021
                                    EC 465 OF 2019

                          IN THE HIGH COURT AT CALCUTTA
                           Ordinary Original Civil Jurisdiction
                                    ORIGINAL SIDE

                       M/S. MOHANLAL ROONGTA AND ANR.
                                    Versus
                            UNION OF INDIA AND ORS.



 BEFORE:
 The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA
 Date : 12th July, 2021.

 [Via video conference]

                                                                              Appearance:
                                                             Mr. Krishore Datta, LD. AAG.
                                                           Mr. Nilendu Bhattacharya, Adv.
                                                                    Ms. Sumita Shaw, Adv.
                                                                     Ms. A. Banerjee, Adv.



           The Court: This is an application made by the Award Holders in an

 execution case in relation to an award dated 2nd June, 2006.

           Learned Counsel appearing for the Award Holders places several

 orders passed by a co-ordinate Bench by which the Award Debtors were

 directed to deposit a sum of Rs.1,52,89,620.66/- with the Registrar, Original

 Side of this Court.

           Subsequent orders passed on 14th February, 2020 and 19th

 February, 2020 whereby the Award Holders were given time to deposit the sum

 which has ultimately deposited on 17th February, 2020. According to learned
                                        2


Counsel, the amount constitutes a part of the interest awarded to the

petitioners in the arbitration proceedings.

         Learned Counsel appearing for the Award Debtors submits that an

appeal is being contemplated from the order dismissing the Section 34 for

setting aside of the impugned award.

         Upon hearing learned Counsel, it is undisputed that the award is of

2nd June, 2006 by which the petitioners were awarded approximately Rs.39

lakhs together with an interest. The application for setting aside of the award

was dismissed by a judgment and order dated 28th February, 2017. The fact

that a review of the said judgment was also dismissed is noted in the order

dated 8th January, 2020. The review was dismissed on 24th January, 2020.

         By the said order and two subsequent orders, the Award Debtors

were directed to put in the amount as stated above. All of these orders were

passed in the presence of the Award Debtors and no objection was taken by

the Award Debtors save and except a prayer for extension of time. It is

inconceivable therefore that the Award Debtors would take the plea of a

challenge to the judgment passed on 28th February, 2017 at this stage only to

stall the prayer of the Award Holders for withdrawing the sum deposited by the

Award Debtors. It is admitted that the appeal has not been listed till date.

Almost 15 years have passed since the award was passed and the Award

Holders are yet to reap the benefits of the award.

         In view of the above, the Registrar, Original Side of this Court is

directed to release the amount deposited by the respondents/Award Debtors in

compliance of the order dated 28th January, 2020.

The amount shall be released by 14th July, 2021 upon appropriate

steps being taken by the petitioners.

GA No.1 of 2021 is disposed of in terms of this order.

(MOUSHUMI BHATTACHARYA, J.)

S. De