Marine Craft Engineers Private Limited vs Garden Reach Shipbuilders And ...
2023 Latest Caselaw 3252 Cal/2

Calcutta High Court

Marine Craft Engineers Private Limited vs Garden Reach Shipbuilders And ... on 30 November, 2023

Author: Moushumi Bhattacharya

Bench: Moushumi Bhattacharya

OD-15
                                  ORDER SHEET

                                 IA No.GA/2/2023
                                        In
                                   AP/831/2018

                        IN THE HIGH COURT AT CALCUTTA
                         Ordinary Original Civil Jurisdiction
                                  ORIGINAL SIDE


                 MARINE CRAFT ENGINEERS PRIVATE LIMITED
                                  Versus
             GARDEN REACH SHIPBUILDERS AND ENGINEERS LIMITED



  BEFORE:
  The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA
  Date : 30th November, 2023.

                                                                              Appearance:
                                                         Mr. Sabyasachi Chowdhury, Adv.
                                                                       Mr. S.E. Huda, Adv.
                                                                Mr. Arjun Mookherjee, Adv.
                                                        Mr. Shounak Mukhopadhyay, Adv.
                                                        Mr. Shreyaan Bhattacharyya, Adv.
                                                             Ms. Anwesha Guha Roy, Adv.
                                                                Mr. Abhijit Guha Roy, Adv.

                                                            Mr. Siddhartha Banerjee, Adv.
                                                                       Mr. B.K. Sen, Adv.


        The Court: The admitted dates presented to the Court call for appropriate

orders.

        The petitioner put in a sum of Rs.31,03,909/- which was the awarded amount

for stay of the impugned Award. The petitioner was ultimately successful in its

application for setting aside of the Award. The Award was set aside on 5th April,

2023. The respondent award-holder challenged the said judgment and sought for

stay of the same before the Division Bench on 19th April, 2023 but without a stay

application.

The respondent filed a proper stay application only on 12th October, 2023 after

the petitioner filed the present application for withdrawal of the amount which was

previously put in by the petitioner.

The last order passed by this Court on 19th October, 2023 recorded all these

facts but gave the award-holder time for pursuing its stay petition before the

Division Bench on the specific submission that the appeal together with the stay is

due to be taken up for hearing on 22nd November, 2023.

There has been no further development in the appeal/stay petition.

Learned counsel appearing for the award-holder says that the matter

continues to be in the cause list of the Appeal Court.

Considering the above, there is no fact or law to prevent the petitioner from

withdrawing the amount which was deposited for stay of the Award once the

petitioner has been successful in having the Award set aside.

The petitioner is accordingly permitted to withdraw the amount of

Rs.31,03,009/- along with accrued interest which is presently lying with the

Registrar, Original Side.

Contrary to the submissions made on behalf of the respondent, the spectre of

prejudice is not substantiated since the respondent can pray for appropriate orders

before the Appeal Court.

GA/2/2023 is disposed of in terms of the above.

(MOUSHUMI BHATTACHARYA, J.)

R.Bhar