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2022 Supreme(Cal) 301

SHEKHAR B. SARAF
Laxmi Pat Surana – Appellant
Versus
Pantaloon Retail India Limited – Respondent


Advocates appeared:
Mr. Jishnu Chowdhury, Advocate, Mr. Souradeep Banerjee, Advocate Mr. Abhidipto Tarafder, Advocate, for the Appellant; Mr. Rishad Medora, Advocate Mr. Radhika Misra, Advocate, for the Respondent

JUDGMENT

Shekhar B. Saraf, J. - By an order dated April 28, 2022, a co-ordinate bench of this Court, while disposing of an application (IA No. G.A. 1 of 2022 in A.P. 698 of 2016), determined whether the sum to be secured for grant of stay of the Award as per Section 36 of the Arbitration and Conciliation Act, 1996 ('the Act') would include the post award interest. While ruling in the affirmative, this Court inter alia directed the following -

    'Since the value and sum of the Award as it stood on 1st April, 2022 amounts to Rs. 26,53,74,118 and the respondent no. 1 is already secured to the extent of Rs. 12 crores, the petitioner shall deposit 70% of the balance amount of Rs. 14,53,74,118/- (Rs. 26,53,74,118 - Rs. 12,00,00,000) i.e. Rs. 10,17,61,882/- with the Registrar, Original Side of this court within four weeks from date. The petitioner shall have the option of depositing 50% of the said amount (i.e., Rs. 5,08,80,941/-) by way of a bank guarantee and the remaining 50% (Rs. 5,08,80,941/-) in cash. If the petitioner defaults in complying with such condition within the stipulated time, the respondent no.1 award-holder shall be free to take appropriate steps in the execution proceeding

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