Gautam Kumar Sen vs Kolkata Municipal Corporation
2021 Latest Caselaw 793 Cal/2

OD-50
                                ORDER SHEET
                     IN THE HIGH COURT AT CALCUTTA
                      Ordinary Original Civil Jurisdiction
                               ORIGINAL SIDE
                            [Via Video Conference]

                                EC/138/2020

                         GAUTAM KUMAR SEN
                               Versus
                   KOLKATA MUNICIPAL CORPORATION


 BEFORE:
 The Hon'ble JUSTICE RAVI KRISHAN KAPUR

Date : 14th September, 2021 Appearance:

Mr. Supratim Laha, Adv.

Mr. Sumanta Biswas, Adv.

Mr. Bikash Shaw, Adv.

...for the award-holder

Mr. Alok Kr. Ghosh, Adv.

Mr. Swapan Kr. Debnath, Adv.

...for the KMC

The Court : This is an application for execution of an award dated 10 th

August, 2018 for a sum of Rs.1,39,18,171/-. Mr. Ghosh, learned Advocate

appears on behalf of the Kolkata Municipal Corporation and submits that an

application under Section 36 of the Arbitration and Conciliation Act, 1996

(hereinafter referred to as "the Act") has been filed and the same has been

adjourned on the ground that the decree-holder has sought for time to file

affidavits. The submission made on behalf of the KMC is opposed by the

decree-holder. It is submitted on behalf of the decree-holder that no steps have

been taken by the KMC insofar as filing of an application under Section 36 of

the Act is concerned. On the contrary, it is submitted that only an application

under Section 34 of the Act has been filed by the KMC. A last opportunity is

given to the judgment-debtor to take appropriate steps in terms of Section 36

of the Act for obtaining an appropriate order before the XIII th Additional District

Judge at Alipore.

Let this matter appear in the Monthly List of December, 2021.

In the meantime, the decree-holder is also directed to serve Mr. Salim

Ansari, Chief Municipal Law Officer, KMC, who is directed to personally look

into this matter.

(RAVI KRISHAN KAPUR, J.)

TO/S.Bag