Development Corp. Ltd (Wbsidc) vs Kaushalya Infrastructure ...
2022 Latest Caselaw 859 Cal/2

ODC-2

                           IN THE HIGH COURT AT CALCUTTA
                            Ordinary Original Civil Jurisdiction
                                     ORIGINAL SIDE
                                  (Via Video Conference)

                                    IA NO.GA/2/2022
                                     In AP/515/2019

                    THE WEST BENGAL SMALL INDUSTRIES
                     DEVELOPMENT CORP. LTD (WBSIDC)
                                   VS
         KAUSHALYA INFRASTRUCTURE DEVELOPMENT CORP. LTD (KINDO)


BEFORE:
The Hon'ble JUSTICE RAVI KRISHAN KAPUR

Date : 14th March, 2022.

Appearance:

Mr. Hirak Kr. Mitra, Sr. Adv.

Mr. Kamal Kr. Chattopadhyay, Adv.

Mrs. Suchismita Ghosh, Adv.

Mr. Tanjit Ali, Adv.

Mr. Jaydip Kar, Sr. Adv.

Mrs. Manju Bhuteria, Adv.

Ms. Shreya Choudhury, Adv.

The Court:- This is an application for modification of an order dated 9 th

September, 2019. It is submitted by the award-holder that in view of the change

of law, the order directing unconditional stay of the award dated 22 nd April, 2019

is liable to be vacated.

Mr. Mitra, Senior Advocate appearing on behalf of the judgment-debtor

submits that liberty be granted to file an appropriate application under Section

36 of the Arbitration and Conciliation Act, 1996.

In view of the aforesaid, the order dated 9 th September, 2019 stands

recalled. The judgment-debtor is granted liberty file an application under Section

36 of the Act and seek an order of stay in terms thereof.

Accordingly, IA No.GA/2/2022 stands disposed of.

(RAVI KRISHAN KAPUR, J.)

S.Bag