Union Of India vs Neo Built Corporation
2022 Latest Caselaw 2532 Cal/2

                                        1


ORDER SHEET
                                APOT/172/2022
                               IA No.GA/1/2022
                                      With
                                 AP/1717/2015
                       IN THE HIGH COURT AT CALCUTTA
                        CIVIL APPELLATE JURISDICTION
                                ORIGINAL SIDE
                            (COMMERCIAL DIVISION)


                               UNION OF INDIA
                                     VS.
                           NEO BUILT CORPORATION


 BEFORE:
 THE HON'BLE JUSTICE HARISH TANDON
          AND
 THE HON'BLE JUSTICE PRASENJIT BISWAS
 DATE : 22nd September, 2022.

                                                                           APPEARANCE:
                                               Mr. Ajoy Krishna Chatterjee, Sr. Advocate
                                                    Ms. Sanchita Barman Roy, Advocate
                                                                   . . .for the appellant.
                                                              Mr. Sakya Sen, Advocate
                                                         Mr. Sabyasachi Sen, Advocate
                                                                       . . for respondent.

The Court:- The instant appeal has come up at the instance of the

appellant challenging the judgment and order dated 13.07.2022 by which the

application under Section 34 of the Arbitration and Conciliation Act, 1996 has

been rejected.

It is submitted that Section 37 of the said Act provides the remedy by

way of an appeal and if the appeal is not disposed of, it would frustrate such

right.

On the other hand, Mr. Sen submits that execution proceeding has been

levied and in fact, being proceeded with and the next date is fixed on 10 th

November, 2022.

Bearing in mind the scope and the jurisdiction to be exercised by the

Court in relation to a proceeding under Section 34 of the said Act, it would be

an idle formality to invite the parties to prepare a paper book. We, therefore,

dispense with all the formalities including preparation of the paper book. It has

been brought to our notice that the application for stay contains all the

requisite papers required for disposal of the instant appeal which, in fact, form

part of the record before the Trial Court.

In view of the above, let this appeal be formally admitted and be placed

for hearing on 3rd November, 2022.

(HARISH TANDON, J.)

(PRASENJIT BISWAS, J.)

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