Calcutta High CourtCO/1207/2020disposed

Asansol Durgapur Development Authority v. Bla Projects Pvt Ltd

2020-11-18Hon'Ble Justice Arindam Sinha2 pages

18.11.2020 ap 03 C.O. 1207 of 2020 (Via Video Conference) Asansol Durgapur Development Authority Vs.

BLA Projects Private Limited.

Mr. Sayantan Bose Mr. Rajarshi Dutta ... For petitioner.

Mr. Suman Dutt ... For opposite party.

Mr. Bose, learned advocate appears on behalf of petitioner and submits, the petition was moved before coordinate Bench (Moushumi Bhattacharya, J.) on 8th October, 2020, when order was made directing his client to furnish security. Security has been furnished. Hence, his submission that impugned order be set aside for challenge to the award, mounted by his client, being heard and adjudicated. Mr. Dutt, learned advocate appears on behalf of opposite party and confirms that the security has been furnished. He wants direction for expeditious hearing and disposal of the petition for setting aside the award.

Impugned order no. 16 dated 24th December, 2019 made by Court of Civil Judge (Senior Division), Durgapur in Money Execution Case no. 48 of 2018 directed attachment of bank account of petitioner. Coordinate Bench heard this petition and directed furnishing security. Security has been furnished. As such,

impugned order is set aside with direction upon the Court below to expeditiously deal with the petition for setting aside the award.

Mr. Dutt submits, there be a direction upon Registrar General of this Court, to invest the security. Registrar General is directed to transmit the security to 8th Additional District Judge, Alipore in respect of Misc. Case (Arbitration) no. 105 of 2018 (Asansol Durgapur Development Authority vs. BLA Projects Private Limited). Parties will be at liberty to apply to that Court for directions regarding investment of the security during the pendency of case.

Mr. Bose also prays for a further direction staying the execution case. Now that security stands furnished and direction made for expeditious hearing and disposal of the said Misc. case, there is no question of execution proceeding any further.

The petition is disposed of.

(Arindam Sinha, J.)