Webel Technology Limited vs The State Of Jharkhand Through Its ...
2022 Latest Caselaw 4311 Jhar

         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        C.M.P. No. 336 of 2022
         Webel Technology Limited          .... .. ... Petitioner(s)
                        Versus
         The State of Jharkhand through its Secretary/ Principal Secretary,
         Department of Information Technology and e-Governance, Ranchi.
                                                       .. ... ...Opp. Party(s)
                        ...........

CORAM :HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY .........

For the Petitioner(s) : Mr. Rupesh Singh, Advocate Mr. Jagdeesh, Advocate For the Opp. Party(s)/State : Mr. Devesh Krishna, SC (Mines)-III Mrs. Rukmini Kumari, AC to SC (Mines)-III ......

04/ 20.10.2022. The instant CMP has been filed under Article 227 of the Constitution of India for quashing of the order dated 26.05.2022 passed by learned Presiding Officer, Commercial Court, Ranchi, in Commercial Execution Case No.10/2008, whereby and whereunder the learned court below has rejected the prayer of petitioner to release the Bank Guarantee to the tune of Rs.1.3 crores submitted by the respondent/judgment-debtor in the light of order dated 12.04.2010 passed in Arbitration Appeal No.06/2009 as a condition for stay of execution of Award dated 23.07.2007 passed by the Hon'ble Sole Arbitrator in Arbitration Application No.17/2004.

The brief facts leading to the present CMP is as under :- The petitioner is a Public Sector Undertaking under the Government of West Bengal and on an application under Section 11(6) of the Arbitration Act in which the learned Arbitrator gave an Award in favour of the petitioner.

It is submitted that the State of Jharkhand preferred an appeal under Section 34 of the Arbitration and Conciliation Act being Misc. Case No.54 of 2007 before the Sub Judge-I, Ranchi was dismissed against which Arbitration Appeal No.06 of 2009 was preferred by the State of Jharkhand.

It is further submitted that the said appeal was dismissed for default vide order dated 03.02.2022. After dismissal for default, the petitioner moved before the Executing Court for release of the Bank guarantee and execution of the Award which has been dismissed against which the instant CMP has been preferred.

It is submitted that after dismissal of the appeal, the award has attained its finality and, therefore, the order of the court below is not sustainable in the eyes of law.

Learned SC (Mines)-III for the State has submitted that against the order of dismissal for default, State/ Opp. Party has preferred CMP No.221 of 2022 and for the end of justice, the present CMP may be heard only after disposal of the said restoration case.

Accordingly, list this case on 28.11.2022.

Petitioner is directed to appear before the court for expeditious disposal of the said restoration petition.

(Gautam Kumar Choudhary, J.) Sandeep/