ODSL-1
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 : April 7, 2026.
Appearance:
Mr. Sudipto Sarkar, Sr. 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. Manoj Kumar Tiwari, Adv.
Mr. Siddharth Sethi, Adv.
Ms. Shivangi Pathak, Adv.
Ms. Arpita Dey, Adv.
Mrs. Sumita Shaw, Adv.
... for the award-debtor
The Court : The matter has been mentioned by Mr. Sudipto Sarkar,
learned Senior Advocate appearing for the award holder. On the basis
thereof, the matter has been placed today in the supplementary list and
has been taken up for consideration.
Mr. Sudipto Sarkar, learned Senior Advocate appearing through
virtual mode, on behalf of the award holder, submits that the matter was
extensively heard and then after conclusion of hearing of the parties, the
judgment was reserved on January 29, 2026.
2
Thereafter, the matter was mentioned by the learned Advocate
General Mr. Kishore Dutta and on his request, the matter appeared in the
list on March 31, 2026.
The order dated March 31, 2026, inter alia, records as follows:
"Today, the matter has appeared under the
heading "To Be Mentioned" at the instance of the
award debtor.
Mr. Kishore Dutta, learned Senior Advocate and
Advocate General for the State has mentioned the
matter.
He submits that after hearing was concluded
and judgment was reserved on January 29, 2026,
recently the Hon'ble Supreme Court has passed an
order and has delivered a judgment which, according
to him, would have material bearing in deciding the
issue in this application. He prays for an opportunity of
hearing so that he can make submission on the
judgment and order which are :-
i) In the matter of: Mumbai Metro Rail
Corporation Ltd Vs. L & T STEC JV Mumbai
passed in Civil Appeal No. 14483 of 2025
dated December 1, 2025 and
ii) In the matter of: Bhadra International Pvt.
Ltd. Vs. Airports Authorities of India
reported at 2026 SCC OnLine SC 7.
Mr. Soumitra Dutta, learned Advocate led by Mr.
Deepan Kumar Sarkar, learned Advocate and Mr.
Samriddha Sen, learned Advocate appears for the
award holder.
Since, the judgment has not yet been
pronounced, for the ends of justice, this Court thinks a
further opportunity should be given to the parties to
AP-COM/88/2024
A.R., J.
make their respective submissions on the judgment
and order mentioned above.
Accordingly, by consent of the parties, the order
dated January 29, 2026 stands recalled. The matter
shall be placed for further consideration in the list.
On the joint prayer of the parties, the matter
shall appear under the heading "Application
(Specially Assigned)" on April 16, 2026 marked at
2:00 pm.
The award debtor shall make its submission first
on the next day.
The award debtor shall also file written notes,
which shall be restricted to the above judgment and
order and the submission shall be made, accordingly,
at this stage on the next day.
Immediately after completion of submission by
the award debtor, learned Advocate for the award
holder shall commence its submission and shall file its
written note in answer to the submissions of the award
debtor.
Parties jointly concede that there shall be no
adjournment, on the prayer of either of the parties."
Mr. Sarkar, learned Senior Advocate submits that both the
judgments referred to above, were there when the hearing was concluded
but were not placed before this Court. Thereafter, the matter was
mentioned and when placed in the list of March 31, 2026, it was
submitted on behalf of the award debtor, as would be evident from the
order dated March 31, 2026, that after the hearing was concluded on
January 29, 2026, the Hon'ble Supreme Court had passed an order and
delivered a judgment, which according to the learned Advocate General
AP-COM/88/2024
A.R., J.
would have material bearing in deciding the issue in the application and
accordingly, he prayed for an opportunity, which was granted by the
Court.
But, it is seen that both the judgments and orders of the Hon'ble
Supreme Court were there even prior to the hearing was concluded but
were not placed on behalf of the award debtor.
Mr. Kishore Dutta, learned Advocate General appears for the award
debtor today.
Mr. Dutta, learned Advocate General today also prays for an
opportunity to place those judgments before this Court, subject to the
discretion of the Court.
Considering the above submissions and for the ends of justice, this
Court directs the award debtor to file written notes which shall be
restricted to those two judgments, mentioned above only and not beyond
that. The written notes shall be served upon the learned Advocate on
record for the award holder positively on or before April 16, 2026.
`The award holder then shall deal with the same and prepare its
written notes of argument and shall file the same on the next day.
The matter shall appear under the heading "To Be Mentioned" only
for the limited purpose, for accepting the notes, to be filed by the parties
and then to conclude hearing on April 20, 2026.
Mr. Sarkar, learned Senior Advocate prays for recalling of the said
order dated March 31, 2026.
His submission is considered.
AP-COM/88/2024
A.R., J.
Since, a further opportunity is being granted to both the parties to a
limited extent, as indicated herein, the question of recalling of the said
order dated March 31, 2026 does not arise and accordingly, the said
prayer is not allowed.
(ANIRUDDHA ROY, J.)
Sbghosh
AP-COM/88/2024
A.R., J.
