Dilip Kumar Chatterjee vs State Of West Bengal And Anr
2022 Latest Caselaw 822 Cal/2

OD- 5
                                   IA NO. GA/3/2022
                                    In EC/467/2019
                          IN THE HIGH COURT AT CALCUTTA
                           Ordinary Original Civil Jurisdiction
                                     ORIGINAL SIDE
                                 (Via Video Conference)


                            DILIP KUMAR CHATTERJEE
                                       Vs
                         STATE OF WEST BENGAL AND ANR.

  BEFORE:
  The Hon'ble JUSTICE RAVI KRISHAN KAPUR

Date : 10th March, 2022.

Appearance:-

Mr. Priyankar Saha, Adv.

Mr. Amritam Mandal, Adv.

Mr. Hemant Tiwari, Adv.

Ms. Ananya Chakraborty, Adv.

Mr. Paritosh Sinha, Adv.

Mr. Arindam Mondal, Adv.

The Court: This is an interlocutory application filed in a pending execution

petition. The matter has appeared as a 'New Motion'. The decree-holder seeks

execution of an award dated 4 June 2019.

The State is represented.

Diverse applications are pending in the main execution case before this

Court. The State has filed an application under Section 34 of the Arbitration and

Conciliation Act, 1996. The State has also filed under Section 36(2) of the Act.

By an order dated 18 September 2020 a Co-ordinate Bench of this Court

had in an application under Section 36(2) of the Act, directed the State to deposit

a sum of Rs.3 crores as a condition for grant of stay till the disposal of the

application under Section 34 of the Act.

Being aggrieved by the order, the decree-holder had filed a Special Leave

Petition. By an order dated 9 December 2021, the Hon'ble Supreme Court had

directed the judgment debtor State to deposit a sum of Rs.5 crores before this

Court. I also find that notwithstanding a clear direction passed by the Hon'ble

Supreme Court, requesting this Court to dispose of the application under Section

36(2) of the Act, neither the decree-holder nor the judgment debtor have thought

it fit to bring this direction to the attention of this Court.

It is submitted on behalf of the judgment debtors that there is also an

application being GA 5 of 2022 filed before this Court seeking extension of time to

comply with the directions dated 9 December, 2021. It is also submitted by the

judgment debtors that in view of the fact that a sum of Rs.3 crores has already

been deposited in terms of the order dated 18 September, 2020, the judgment-

debtor is entitled to a stay of the award dated 4 June, 2019. These submissions

are disputed by the award holder.

The award-holder asserts that it has a right to execute the decree.

Undoubtedly, every award-holder has an indefeasible right to have the decree

executed. However, such a right cannot be exercised in isolation, ignoring all

other pending applications and objections which the judgment debtor raises.

Accordingly, I direct that GA No. 2 of 2020, GA No. 5 of 2022, EC No. 467

of 2019 and this application being GA No. 3 of 2022 alongwith the main Section

34 application being AP No. 160 of 2020 be listed before this Court on 15 March,

2022 as a 'Specially Fixed Matter'.

(RAVI KRISHAN KAPUR, J.) D.Ghosh/SK