Smt Saraswati Ojha @ Saraswati Singh Ojha & Ors. vs Union of India & Ors.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(Cal) 2011

CALCUTTA HIGH COURT
Saugata Bhattacharyya, J
Smt Saraswati Ojha @ Saraswati Singh Ojha & Ors. – Appellant
Versus
Union of India & Ors. – Respondent

Advocates:
For the Appellants/Petitioners: Dr. Pabitra Pal Chowdhury, Mr. Subham Ghosh
For the Respondents: Mr. Nabankur Paul, Ms. Sutapa Sen Paul, Mr. Bodhisatya Ghosh, Mr. Amritam Mandal, Mr. Debasish Mukhopadhyay, Ms. Neenia Rudra, Ms. Srishti Sarkar, Mr. Pretom Das, Ms. Rima Sarkar

Table of Content
1. challenge of non-supply of arbitral award. (Para 2 , 6)
2. arguments on maintainability of writ petition. (Para 3 , 4 , 5)
3. observations on the arbitration act provisions. (Para 7)
4. final ruling and rights to pursue alternate remedies. (Para 9 , 10)

1. Affidavit-of-service filed on behalf of the petitioners is taken on record.

2. In the writ petition arbitral award dated 18^th July, 2024 is questioned on the count that arbitral award was not made available to the writ petitioners.

3. In support of such contention reliance is placed on the judgments of the Hon’ble Supreme Court, reported in (2005) 4 SCC 239 and another reported in (2012) 9 SCC 496 .

4. Learned advocate representing the respondent no.4 being the claimant in the arbitration proceeding has questioned the maintainability of this writ petition due to non-supply of such award to the writ petitioners.

5. In support of such contention an email letter dated

20^th March, 2025 of the arbitrator is placed before this Court and the same is taken on record.

6. On perusal of such email dated 20^th March, 2025, it appears that one Rajeev Ranjan Ojha represented the writ petitioners in the arbitration proceeding before t

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