The State Of West Bengal And Ors vs M/S. B B M Enterprise
2023 Latest Caselaw 2722 Cal/2

OCD-8
                                ORDER SHEET

                              IA NO.GA/3/2023
                                     In
                                AP/808/2022

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

                   THE STATE OF WEST BENGAL AND ORS.
                                   VS
                         M/S. B B M ENTERPRISE

  BEFORE:
  The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA

Date : 27th September, 2023

Appearance:

Ms. Nilanjana Adhya, Adv.

...for the applicant

Mr. Paritosh Sinha, Ld. AOR Mr. Priyankar Saha, Adv.

Mr. Arindam Mandal, Adv.

Mr. Shourya Samanta, Adv.

...for State

The Court: This is the fourth application made by the award-holder

pursuant to a judgment and order passed by this Court on 25th July, 2023

permitting the award-holder to withdraw Rs.9 crores upon furnishing a bank

guarantee of an equivalent amount with the Registrar, Original Side. The

award-holder/applicant filed several applications thereafter for modification of

this order which were essentially in the nature of ironing out the creases in

implementation of the judgment and order.

The present application is on account of the 1% commission deducted by

the Registrar, Original Side on the award-holder withdrawing the amount

which was permitted by the Court.

Learned counsel appearing for the award-holder submits that Chapter

XXXVI Rule 56 would not apply to the present fact since the award-holder has

neither paid nor deposited this amount with the Registrar.

This is a matter where the Registrar, Original Side should be kept in the

loop.

List this matter on 6th October, 2023.

The petitioner shall communicate this order as well as the earlier orders

along with a copy of the petition to the Registrar, Original Side by 10.30am on

29th September, 2023.

(MOUSHUMI BHATTACHARYA, J.)

R.Bhar