C and E Ltd. (Components And Equipments Ltd) vs Gopal Das Bagri

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Cal) 1155

RAJASEKHAR MANTHA
C and E Ltd. (Components And Equipments Ltd) – Appellant
Versus
Gopal Das Bagri – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Mr. Nalin Kohli, Senior Adv., Mr. Sandip Agarwal, Adv., Mr. Abhishek Swaroop, Adv., Mr. Tanay Agarwal, Adv., Mr. Naman Kandar, Adv., Mr. Vasu Manchanda, Adv., Ms. Nimisha Menon, Adv., Ms. Surabhi Banerjee, Adv., Mr. Biswaroop Bhattacharya, Adv., Ms. Sulagna Mukherjee, Adv., Ms. Shristi Sharma, Adv.
For the Respondent: Mr. Dhruba Ghosh, Adv., Ms. Sananda Ganguly, Adv., Ms. Ajaya Choudhury, Adv., Mr. Soumyajit Ghosh, Adv. Mr. Rajarshi Dutta, Adv. Mr. Arindam Halder, Adv. Mr. Shubradip Roy, Adv.

JUDGMENT :

Rajasekhar Mantha, J.

1. The subject matter of the instant proceeding is an award dated 29th February 2020 passed by Mr. XXX, learned Senior Advocate and Sole Arbitrator. The Arbitrator was appointed by consent as recorded in Consent Terms filed by the parties, recorded in order dated 1st August 2014 in C. S. No. 344 of 2014 filed in the Ordinary Original Civil Jurisdiction of this Court.

2. AP 364 of 2020 (Gopal Das Bagri Vs. C & E Ltd. &Ors.) has been filed by the award debtors under Section 34 of the Arbitration and Conciliation Act of 1996 (the Act of 1996).

3. AP 402 of 2020 (Feather Touch Ltd. Vs. C & E Ltd.) has been filed for setting aside the award under Section 34 of the Act.

4. EC 145 of 2020 (C & E Ltd. Vs. Gopal Das Bagri) is another application for execution under Section 36 (1) of the said Act.

5. EC 81 of 2022 (C & E Ltd. Vs. Gopal Das Bagri) has been filed by the award holder under Section 36 (1) of the said Act.

6. GA 1 of 2022 has been filed in AP 364 of 2020 by the award debtor under Section 36 (2) of the said Act for the unconditional stay of the

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2023 Supreme(Cal) 1155

RAJASEKHAR MANTHAC and E Ltd. (Components And Equipments Ltd) – AppellantVersusGopal Das Bagri – Respondent

Cases Referred (18)

RAJASEKHAR MANTHA
C and E Ltd. (Components And Equipments Ltd) – Appellant
Versus
Gopal Das Bagri – Respondent