Gaurav Churiwal vs Concrete Developers Llp And Ors
2023 Latest Caselaw 1387 Cal/2

OCD-20
                               ORDER SHEET

                                EC/283/2023

                     IN THE HIGH COURT AT CALCUTTA
                      Ordinary Original Civil Jurisdiction
                               ORIGINAL SIDE
                            (Commercial Division)

                         GAURAV CHURIWAL
                              Versus
                  CONCRETE DEVELOPERS LLP AND ORS.


  BEFORE:
  The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA
  Date : 16th June, 2023.

                                                                     Appearance:
                                                   Mr. Ratnanko Banerji, Sr. Adv.
                                                      Mr. Kumarjit Banerjee, Adv.
                                                  Ms. Sanchari Chakraborty, Adv.
                                                  Ms. Akanksha Chowdhury, Adv.
                                                               ...for the petitioner

                                                           Mr. Anirban Ray, Adv.
                                                    Mr. Shounak Mukherjee, Adv.
                                                         Mr. Snehashis Sen, Adv.
                                                       ...for the judgment-debtors


     The Court: Learned counsel appearing for the LLP/respondent no.1 takes

the point of maintainability on the ground that the present application is not

maintainable since the petitioner describes the impugned order as an interim

Award.

The impugned order was passed on an application filed by the petitioner

under Section 17 of the 1996 Act.

Counsel submits that if it is indeed an interim Award, as described in the

application, then the petitioner should have sought recourse against it in a

Section 36 application for stay of the execution proceeding.

Learned counsel appearing for the petitioner relies on Section 17(2) of the

Act and submits that the nomenclature of the order, whether described as an

order or an interim Award, would not matter since all orders are executable

under Section 36 of The Code of Civil Procedure as an order of Court.

After hearing learned counsel, it appears that the appeal filed by one of

the award-debtors, namely, the LLP/respondent no.1 is listed on 19th June,

2023. The other award-debtors being respondent nos. 2 to 7, who were

subsequently added to the appeal filed by the LLP pursuant to the order of

Court, have not challenged the impugned order.

Section 17(2) of the 1996 Act starts with the words "Subject to any order

passed in an appeal under Section 37...". Hence, this Court is of the view that

the present application for enforcement of the order dated 17th April, 2023 may

be heard along with the appeal filed by the respondent no.1.

List this matter on 19th June, 2023.

(MOUSHUMI BHATTACHARYA, J.)

R.Bhar