Bharat Heavy Electricals Ltd vs West Bengal State Electricity ...
2022 Latest Caselaw 235 Cal/2

                        IA No. GA 1 of 2022
                        APOT No. 13 of 2022
                                with
                         AP No. 242 of 2021
                IN THE HIGH COURT AT CALCUTTA
                          In appeal from its
                ORDINARY ORIGINAL JURISDICTION
                 CIVIL APPELLATE JURISDICTION
                       (Commercial Division)



         Bharat Heavy Electricals Ltd., Electronics Division
                                Versus
       West Bengal State Electricity Distribution Co. Ltd. & Anr.




Before:
The Hon'ble Justice I. P. MUKERJI
             And
The Hon'ble Justice ANIRUDDHA ROY
Date: 31st January 2022
(via Video Conference)

                                                               Appearance:
                                            Mr. Jishnu Saha, Sr. Advocate
                                              Mr. Tauseef Khan, Advocate
                                                 Mr. Ishan Saha, Advocate
                                              Mr. Arindam Paul, Advocate
                                                          for the appellant
                                      Mr. P. S. Bhattacharya, Sr. Advocate
                                        Mr. Sujit Sankar Koley, Advocate
                                                            for WBSEDCL


       The Court: This is an appeal from a judgment and order dated

20th January 2022 made by a learned single judge of this court in an

application under section 9 of the Arbitration And Conciliation Act,

1996 dismissing the application. The effect of such dismissal was that

the interim order dated 21st June 2021 restraining invocation of the

bank guarantee was vacated.

       Mr. Saha, learned senior advocate for the appellant/petitioner

apprehends that the respondent no. 1 would proceed to encash the

bank guarantee immediately.

The interim order restraining invocation of the bank guarantee

was operative for around seven months before it was vacated.

Both the appellant and the first respondent are government

companies, the former owned substantially by the Central government

and the latter by the State Government.

Considering the above and all other circumstances, we are of

the view that the appeal should be heard out expeditiously, dispensing

with all formalities.

The appeal is admitted.

Order in terms of prayer (a) of the stay petition.

As the respondents are represented by learned counsel,

issuance and service of the notice of appeal are dispensed with.

Learned advocate-on-record for the appellant is directed to file an

informal paper book by 16th February 2022 serving a copy thereof upon

the learned advocate-on-record for the respondents, not less than three

days before the date of hearing of the appeal.

List the appeal for hearing on 23rd February 2022.

The appellant is directed to keep the subject bank guarantee

renewed and valid till the disposal of the appeal or until further orders

whichever is earlier.

The stay petition (IA No. GA 1 of 2022) is disposed of.

( I. P. MUKERJI, J )

(ANIRUDDHA ROY, J.)

R. Bose