Union Of India vs Rahee Allied Jv And Ors
2022 Latest Caselaw 1497 Cal/2

OC-28 & 30
                                 ORDER SHEET

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

                                  AP/222/2022

                              UNION OF INDIA
                                    VS
                          RAHEE ALLIED JV AND ORS

                                      AND

                                IA NO. GA/2/2022
                                        In
                                   AP/107/2021

                             UNION OF INDIA
                                    Vs
                         RAHEE ALLIED (Jv) AND ORS

  BEFORE:
  The Hon'ble JUSTICE SHEKHAR B. SARAF

Date : 26th April, 2022

Appearance:

Ms. Aparna Banerjee, Adv.

Mr. Samrat Sen, Sr. Adv.

Mr. Nirmalya Dasgupta, Adv.

Mr. R.L. Mitra, Adv.

Ms. Priyanka Dhar, Adv.

The Court: AP/222/2022 is the Section 36 application in relation to

AP/107/2021. This Court is of the view that the Section 34 application should

be heard out at the earliest.

Affidavit-in-opposition to be filed within three weeks from date; reply

thereto, if any, within two weeks thereafter.

Matter is fixed on 14th June, 2022 at 2pm.

It is to be noted that a sum of Rs.3,80,00,000/- is deposited with the

Registrar, Original Side. On the basis of the above sum that is deposited, the

application bearing AP/222/2022 is allowed and disposed of.

IA No.GA/2/2022 is an application made by the award-holder in

AP/107/2021. This is an application seeking withdrawal of the sum of money

deposited by the award-debtor with the Registrar, Original Side.

Upon considering various judgments of the Supreme Court and the co-

ordinate Bench judgment passed recently in Damodar Valley Corporation -v-

Reliance Infrastructure Ltd. reported in 2022 SCC OnLine Cal 553, I am of

the view that prayer (a) made in the application can be allowed. Accordingly,

Registrar, Original Side is directed to encash the fixed deposits prematurely

and pay the entire sum along with interest to the award-holder upon

furnishing a bank guarantee of an equal amount to the satisfaction of the

Registrar, Original Side. The bank guarantee as directed above should be kept

alive until further orders of Court. The bank guarantees shall also be renewed

at least one month before the schedule date of expiry.

IA No.GA/2/2022 is accordingly disposed of.

(SHEKHAR B. SARAF, J.)

R.Bhar