Mfar Construction Private ... vs Bengal Shristi Infrastructure ...
2022 Latest Caselaw 7607 Cal

17.11.2022                     IN THE HIGH COURT AT CALCUTTA
                                    Civil Appellate Jurisdiction
Court       : 37                      (Commercial Division).
Item        : CD-04
Matter      : FMAT
                                             -----------

Status      : OP
Transcriber : nandy
                                  FMAT (ARBAWARD) 30 of 2022
                                             with
                                         CAN 1 of 2022

MFAR Construction Private Limited Vs.

Bengal Shristi Infrastructure Development Limited

Mr. Soumabho Ghosh, Advocate Mr. Anujit Mookherjee, Advocate Ms. T. Bhattacharya, Advocate ......for the Appellant

This is an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, challenging an order passed by the Court below on an application under Section 34 of the said Act.

Despite service there is no representation on behalf of the respondent. Let the affidavit of service filed in Court today be kept with the record.

It is submitted by the learned Advocate appearing for the appellant that though an application being CAN 1 of 2022 is filed in the instant appeal seeking stay of operation of the order, but by the impugned judgment and order the award passed by the Arbitral Tribunal was set aside and, therefore, if any order for stay of operation is passed at this stage, it would virtually revive the award and an anomalous situation may arise therefrom.

We, therefore, feel that for the ends of justice, the appeal itself should be decided on merit.

We, therefore, direct the appellants to file requisite number of paper books containing all the relevant documents placed before the Commercial Court within four weeks from date.

So far as the calling of the records of the proceedings from the Commercial Court is concerned, we feel that since all the documents shall be included in the paper book, the same may not be necessary at this stage. However, the same may be considered in the event, there is any descent on the veracity of the documents appended to the paper books.

Since the respondent has not appeared, we feel that another chance should be given to it and accordingly we direct the appellant to serve a copy of this order upon the respondent by speed post communicating that this matter would be listed for hearing immediately after filing of the paper books within the time indicated therein and shall file affidavit of service on the on the returnable date.

Let this appear be listed for final disposal on December 20, 2022.

(Harish Tandon, J.)

(Prasenjit Biswas, J.)