West Bengal Industrial Development ... vs Tata Motors Limited
2025 Latest Caselaw 3430 Cal/2

Calcutta High Court

West Bengal Industrial Development ... vs Tata Motors Limited on 12 December, 2025

Author: Aniruddha Roy

Bench: Aniruddha Roy

OCD-31

                    In the High Court at Calcutta
                        Commercial Division
                           Original Side
                          AP-COM/88/2024
    WEST BENGAL INDUSTRIAL DEVELOPMENT CORPORATION LTD
                             VS
                    TATA MOTORS LIMITED
  BEFORE:
  The Hon'ble JUSTICE ANIRUDDHA ROY
  Date : December 12, 2025.
                                                               Appearance:
                                              Mr. Sudipto Sarkar, Sr. Adv.
                                             Mr. Siddhartha Mitra, Sr. Adv.
                                                       Mr. Avijit Deb, Adv.
                                              Mr. Deepan Kr. Sarkar, Adv.
                                                  Mr. Samriddha Sen, Adv.
                                                  Mr. Soumitra Datta, Adv.
                                                    ... for the award-holder
                               Mr. Kishore Dutta, Learned Advocate General
                                                  Mr. Siddharth Sethi, Adv.
                                             Mr. Manoj Kumar Tiwari, Adv.
                                              Mr. Tanoy Chakraborty, Adv.
                                                  Mr. Deepank Anand, Adv.
                                                       Ms. Arpita Dey, Adv.
                                                     Mr. Sagnik Shaw, Adv.
                                                       Ms. Riya Singh, Adv.
                                                    ... for the award-debtor
       The Court : Mr. Kishore Dutta, learned Advocate General for the
State appearing for the applicant/award-debtor has made his elaborate
submissions on the three judgments of the Hon'ble Supreme Court which
are as follows:
                                        2
            i)     In the matter of : Lifestyle Equities C.V. and Another
                   Vs Amazon Technologies INC reported at 2025 SCC
                   OnLine SC 2153;
            ii)    In the matter of : State of West Bengal and Others Vs
                   Santi Ceramics Pvt. Limited and Another reported at
                   2025 SCC OnLine SC 2220;
            iii)   In the matter of : Punjab Land Development and
                   Reclamation     Corporation     Ltd.,    Chandigarh        Vs.
                   Presiding Officer, Labour Court, Chandigarh and
                   Others reported at (1990) 3 Supreme Court Cases 682.
       Learned Advocate General further submits that all along his case is
allegation of bias which is an element of fraud within the meaning of the
expression used under sub-Section 3 to Section 36 of the Arbitration
and   Conciliation     Act,   1996   and    not   within   the   expression    of
"Corruption" as used in the said provisions.
       In addition to the above, learned Advocate General for the State
has further submitted that facts of this case is really an exceptional case
for which he prays for unconditional stay of the award.
       The award debtor/applicant shall file its additional written notes of
arguments only to the extent of the said argument made after the
judgment was reserved, within the time to be indicated later.
       Mr. Sudipto     Sarkar, learned Senior Advocate appearing for the
award holder/Tata Motors has commenced his submissions. He has
                                 AP-COM/88/2024
                                     A.R., J.
started distinguishing the judgment In the matter of: Santi Ceramics
(Supra). He shall continue on the next day.
          After Mr. Sarkar finishes his submissions, the applicant/award
debtor shall file its additional written notes within the timeframe which
shall be indicated accordingly.
          The   matter   shall   appear       under   the   heading   "Application
(Specially Assigned)" marked at 2:00 pm on December 19, 2025.
                                                            (ANIRUDDHA ROY, J.)
Sbghosh
                                   AP-COM/88/2024
                                       A.R., J.