State Of West Bengal vs Tapas Kumar Hazra
2022 Latest Caselaw 304 Cal/2

OD-52
                               AP/1036/2011
                             IA NO: GA/3/2022
                     IN THE HIGH COURT AT CALCUTTA
                   ORDINARY ORIGINAL CIVIL JURISDICTION
                               ORIGINAL SIDE



                            STATE OF WEST BENGAL
                                     VS
                             TAPAS KUMAR HAZRA

  BEFORE:
  The Hon'ble JUSTICE RAVI KRISHAN KAPUR

Date : 7th February, 2022.

Appearance:

Mr. Nirmalya Dasgupta, Adv.

Mr. R.L. Mitra, Adv.

Mr. Paritosh Sinha, Adv.

Mr. Arindam Mandal, Adv.

The Court : Pursuant to an earlier direction of this Court, AP 1036 of 2011

has appeared as a Specially Fixed Matter. The primary reason for fixing of this

matter as a Specially Fixed Matter was that it was brought to the attention of this

Court that an application for setting aside of an award dated 2nd December, 2011

has been pending for more than a decade.

Mr. Sinha appears on behalf of the State. It is submitted on behalf of the

State that the petitioners have belatedly filed their Affidavit-in-Opposition on 31st

January, 2022 (to the main application under Section 34 of the Arbitration and

Conciliation Act, 1996) after more that a period of 10 years.

In view of the aforesaid, the petitioner seeks an extension time to file their

Affidavit-in-Reply. As a last chance, let the Affidavit-in-Reply be filed within a

period of three weeks from date. Let this matter appear on 17th March, 2022. It is

expected that the parties will also filed their Written Notes of Submissions and

exchange copies thereof prior to the returnable date.

Re:GA 3/2022

This is an application inter-alia for withdrawal of a sum of Rs.25 lakhs

deposited with the Registrar, Original Side, High Court. The State is represented

and prays for an opportunity to file their Affidavit in Opposition. It is submitted

on behalf of the petitioner that in view of number of decisions of different Courts

including the Supreme Court, the application should be allowed without granting

an opportunity to the State to even file their Affidavit in Opposition.

I have considered the submissions of the parties. I am of the view that in

view of the conflicting judgments and the fact that the petitioner has been

waiting since 10 November 2021(and for more than a decade since the impugned

award), an opportunity ought to be granted to the State to file their Affidavit in

Opposition. Let Affidavit in Opposition be filed within two weeks from date. Reply,

if any, one week thereafter. Let this matter appear on 2 March, 2022. The

aforesaid directions are preemptory.

(RAVI KRISHAN KAPUR, J.) SK.