Bharat Heavy Electricals ... vs Optimal Power Synergy India Pvt. ...
2022 Latest Caselaw 1027 Cal/2

OD-1 & 2

                                 ORDER SHEET

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

                               IA No. GA/3/ 2021
                                       In
                                 AP/ 175/2020

         BHARAT HEAVY ELECTRICALS LIMITED-ELECTRIC DIVISION
                                       -VS-
                 OPTIMAL POWER SYNERGY INDIA PVT. LTD.

                                        &

                                 EC/156/2020
                               IA No. GA/1/2020

                 OPTIMAL POWER SYNERGY INDIA PVT. LTD.
                                 -VS-
                 BHARAT HEAVY ELECTRICALS LTD. (BHEL)


  BEFORE:
  The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA
  Date : March 28, 2022.
                                                                           Appearance:
                                                            Mr. Tilak Kr. Bose, Sr. Adv.
                                                        Mr. Ganesh Prasad Shaw, Adv.
                                                              Mr. Gaurav Kumar, Adv.

                                                               Mr. Jishnu Saha, Sr. Adv.
                                                                 Mr. Touseef Khan, Adv.
                                                                  Mr. Ishaan Saha, Adv.
                                                                 Mr. Arindam Paul, Adv.
                                                              Ms. Parna Mukherjee, Adv.


           The Court: Learned counsel appearing for the petitioner in the

  application for stay of an arbitral award, prays for stay of a judgment and order

  delivered by this Court on 23rd March, 2022. By the said judgment, the

  respondent was permitted to withdraw a certain percentage of the principal

amount awarded to the respondent in the arbitration without requiring to

furnish security for withdrawing the said amount. Counsel for the petitioner

submits that a limited order of stay may be made to prevent the respondent

from withdrawing the money as permitted by the judgment. It is also submitted

that the petitioner has preferred an appeal from the judgment and has filed the

appeal today before the Division Bench.

Learned counsel appearing for the respondent raises doubts on the

maintainability of the appeal.

After hearing learned counsel, this Court is inclined to grant an order

of stay of the judgment dated 23rd March, 2022 till 1st April, 2022.

It is made clear that since an appeal has already been preferred, the

issue as to whether the stay should be extended or not shall entirely be decided

by the Appeal Court.

The prayer made on behalf of the petitioner for filing the Reply to the

Section 34 application is granted.

(MOUSHUMI BHATTACHARYA, J.)

sp3