State Of West Bengal & Anr vs Sambhu Nath Ghosh & Co
2024 Latest Caselaw 2923 Cal/2

Calcutta High Court

State Of West Bengal & Anr vs Sambhu Nath Ghosh & Co on 13 September, 2024

Author: I. P. Mukerji

Bench: I. P. Mukerji

                         IA No: GA 1 of 2024
                        APOT No. 304 of 2024
                                 with
                         AP No. 654 of 2011
                 IN THE HIGH COURT AT CALCUTTA
                          In appeal from its
               ORDINARY ORIGINAL CIVIL JURISDICTION
                  CIVIL APPELLATE JURISDICTION



                       State of West Bengal & Anr.
                                 Versus
                       Sambhu Nath Ghosh & Co.



Before:
The Hon'ble Justice I. P. MUKERJI
             And
The Hon'ble Justice BISWAROOP CHOWDHURY
Date: 13th September 2024


                                                                Appearance:
                                               Mr. Priyankar Saha Advocate
                                               Mr. Paritosh Sinha, Advocate
                                             Mr. Arindam Mandal, Advocate
                                               Mr. Ritaban Sarkar, Advocate
                                                Mr. Altamash Alim, Advocate
                                           Mr. Aishik Chakraborty, Advocate
                                                          for the appellants

                                          Ms. Noelle Dey Banerjee, Advocate
                                               Mr. Akash Agarwal, Advocate
                                                Mr. Saptarshi Kar, Advocate
                                            Ms. Akansha Ghopra, Advocate
                                                         for the respondent

The Court: Order in terms of prayer (a) of the stay petition.

We formally admit the appeal.

It is under the old Arbitration Act, 1940.

The appeal is from a judgment and order dated 16th August

2023 passed by a learned single judge of this court dismissing an

application to set aside the award taken out under sections 30 and 33

of the said Act.

In the facts and circumstances, no stay order is necessitated.

We direct that the appeal be heard out dispensing with all

formalities.

As respondent is represented by learned counsel, issuance and

service of the notice of appeal are dispensed with.

Advocate-on-record for the appellants has already prepared an

informal paper book.

We give leave to advocate-on-record for the appellants to file the

paper books prepared and brought ready to court. They be taken on

record. A copy thereof shall be served on advocate-on-record for the

respondent, if not already served, by 17th September 2024.

List the appeal for hearing on 23rd September 2024.

The awarded sum is deposited with the Registrar, High Court,

Original Side as security during pendency of this proceeding. Since this

appeal is a continuation of the section 30 and 33 proceedings, we direct

that the said security be held by the Registrar till the disposal of the

appeal or until further orders whichever is earlier.

The stay application (IA No: GA 1 of 2024) is disposed of.

As affidavits were not invited, the allegations contained in the

stay application are deemed to have been not admitted.

(I. P. MUKERJI, J.)

(BISWAROOP CHOWDHURY, J.)

R. Bose