Capex Insulation And Engineers vs Bridge And Roof Company (I) ...
2022 Latest Caselaw 497 Cal/2

OD 5

                              ORDER SHEET
                               EC/318/2021
                     IN THE HIGH COURT AT CALCUTTA
                   ORDINARY ORIGINAL CIVIL JURISDICTION
                              ORIGINAL SIDE


                      CAPEX INSULATION AND ENGINEERS
                                  Versus
                    BRIDGE AND ROOF COMPANY (I) LIMITED


  BEFORE:
  The Hon'ble JUSTICE SHEKHAR B. SARAF

Date: 15th February, 2022.

(Via Video Conference)

Appearance:

Mr. Priyankar Saha, Adv.

Mr. Amritam Mandal, Adv.

Ms. Suparna Mukherjee, Adv.

The Court: Heard counsel appearing on behalf of the parties. This is an

execution application arising out of an arbitration award passed in the year

2019. It is to be noted that a Section 34 application had been filed in the year

2019 which is pending before this Hon' ble High Court. Subsequent to filing of

this execution application, a Section 36 application has also been filed wherein

only a few days ago directions for affidavits have been given.

In light of the above, counsel appearing on behalf of the award-holder

insists that his execution application that has been filed in the month of

December, 2021 should be executed immediately as he is afraid that the fruits of

the decree shall disappear if orders are not passed in the said execution

application. He relies on several judgments to buttress his own arguments.

Ms. Suparna Mukherjee, counsel appearing on behalf of the judgment-

debtor submits that propriety demands that the Section 36 application be heard

first and this Court should stay its hand in the meantime. She also wishes to

refer to few judgments to support her argument.

In light of the same, the matter is adjourned for a period of ten days.

Parties are directed to file their Notes of Arguments within a period of seven

days along with the judgments they want to cite in their support.

(SHEKHAR B. SARAF, J.) B.Pal