Back
IN THE HIGH COURT AT CALCUTTA
Shampa Sarkar
State of West Bengal – Appellant
Versus
B B M Enterprise – Respondent
JUDGMENT :
Shampa Sarkar, J.
1. GA-COM/4/2024 is an application seeking deposit of additional cash security by the award debtors for the remainder of the awarded amount together with accrued interest as on December 31, 2023. The award holder is the applicant. The dues calculated as per the award as on 31st December, 2023 stood at Rs. 5,32,80,181/-.
2. The dispute between the parties was that, the award debtor did not pay the bills raised by the applicant, despite complete execution of the work. The award holder invoked arbitration under clause 25 of the conditions of the contract. A statement of claim was filed before the learned Arbitrator and upon considering the facts and circumstances, the learned Arbitrator passed the award on July 2, 2022.
3. The award debtors filed an application for setting aside the award. The applicant filed an execution case seeking enforcement of the award vide EC No. 12 of 2023, on January 5, 2023. Immediately thereafter, the award debtors moved an application under Section 36(2) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the said Act) on January 17, 2023. Before a predecessor Judge, the award debtors submitted that, they wer
The court clarified that award debtors must deposit the full awarded sum as a condition for staying enforcement, emphasizing that both public and private parties are subject to the same requirements ....
The court has discretion to modify security arrangements under the Arbitration Act based on changed circumstances, balancing equities between parties while allowing withdrawal of funds.
The main legal point established in the judgment is the discretion of the court to direct the petitioner to furnish security on the full arbitral award and the impact of the Arbitration and Conciliat....
power enshrined under Section 151 of the Code can be exercised if there is no express provision contained in the Code or the Special Act.
The court ruled that a full deposit of the arbitral award amount is mandatory before granting a stay under Section 36 of the Arbitration and Conciliation Act, 1996.
The pendency of an application under Section 34 of the A&C Act is no longer a bar for enforcement of an arbitral award. The court must hear the application under Section 34 of the A&C Act on its meri....
Non-compliance with court directions for deposit can result in the dismissal of a challenge to an arbitral award.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
