IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL DIVISON BEFORE :-

THE HON’BLE JUSTICE SHAMPA SARKAR AP- 338 of 2022 GA COM 2 of 2024 BHARAT PETROLEUM CORPORATION LIMITED VS HALDIA PETROCHEMICALS LTD.

For the Petitioner : Mr. Tilak Kr. Bose, Sr. Adv.

Ms. Trisha Mukherjee, Adv Mr. Chetan Kr. Kabra, Adv.

For the Respondent : Mr. Sabyasachi Chaudhury, Sr. Adv.

Mr. Rajarshi Dutta, Adv.

Mr. Shounak Mukhopadhyay, Adv.

Mr. Debargha Basu, Adv.

Hearing concluded on : 21.03.2025 Judgment on : 19.06.2025 Shampa Sarkar, J.

1. GA COM 2 of 2024 is an application filed by HPL (the award holder) for certain reliefs and directions. The award holder prayed for a direction upon the Registrar Original Side, High Court at Calcutta to encash/invoke the bank guarantee for a sum of Rs. 15,65,50,000/- furnished by the award debtor/BPCL and to transmit the entirety of the amount of Rs. 15.5 crores under the bank guarantee, in favour of the award holder. The award holder also undertook to furnish adequate security. In effect, a modification of the order dated June 23, 2022 passed in AP 338 of 2022 was prayed for. Further direction was sought upon the award debtor to furnish additional se