Kolkata Metro Rail Corporation Limited vs Itd-Itd Cem Joint Venture
2025 Latest Caselaw 3038 Cal/2

Calcutta High Court

Kolkata Metro Rail Corporation Limited vs Itd-Itd Cem Joint Venture on 14 November, 2025

Author: Sabyasachi Bhattacharyya

Bench: Sabyasachi Bhattacharyya

                                                                             2025:CHC-OS:211




OD 1

                            AP-COM/381/2024
                    IN THE HIGH COURT AT CALCUTTA
                  ORDINARY ORIGINAL CIVIL JURISDICTION
                         [COMMERCIAL DIVISION]
                             ORIGINAL SIDE


                KOLKATA METRO RAIL CORPORATION LIMITED
                                  VS
                      ITD-ITD CEM JOINT VENTURE


  BEFORE:
  The Hon'ble JUSTICE SABYASACHI BHATTACHARYYA
  Date: 14th November, 2025.


                                                                   APPEARANCE:
                                                  Mr. Jishnu Chowdhury, Sr. Adv.
                                                    Ms. Sreya Basu Mallick, Adv.
                                                             Mr. Aritra Basu, Adv.
                                                              Mr. Ankit Dey, Adv.
                                                            Ms. Atri Mondal, Adv.
                                                              ...for the petitioner.

                                                        Mr. Jishnu Saha, Sr. Adv.
                                                        Mr. Anal Kr. Ghosh, Adv.
                                                     Ms. Neelina Chatterjee, Adv.
                                                  Ms. Ahana Bhattacharyya, Adv.
                                                             ...for the respondent.

The Court: By a judgment of this Court, the award from which AP-COM

381 of 2024 arose was set aside. Accordingly, learned counsel appearing for the

petitioner therein, which was successful in the application under Section 34 of

the Arbitration and Conciliation Act, 1996, seeks to withdraw the amount

deposited in connection with the application under Section 36(2) of the said Act

in respect of the self-same award, since the award has been set aside.

2025:CHC-OS:211

Learned senior counsel appearing for the respondent in AP-COM 381 of

2024 submits that an appeal has already been preferred against the judgment

passed by this Court under Section 34 and an application for stay is already on

the board before the concerned Court taking up the matter. In view of the

pendency of the said stay application, liberty is given to the petitioner in AP-COM

381 of 2024 to renew the self-same prayer of withdrawal of the deposited amount

before the Bench taking up the appeal under Section 37 of the 1996 Act against

the judgment of this Court.

(SABYASACHI BHATTACHARYYA, J.)

Sp/