Damodar Valley Corporation v. Mackintosh Burn Limited

Ct-37 ar In the High Court at Calcutta Civil Appellate Jurisdiction Commercial Division FMA 594 of 2023 Damodar Valley Corporation Vs.

Mackintosh Burn Limited Mr. Mr. Swarajit Dey Ms. Debarati Das ... For the Appellant Mr. Tilak Kumar Bose, Sr. Adv Mr. Arijit Bhowmick Ms. Pooja Agarwal ... For the Respondent

1. This appeal is arising out of an order passed by 21.11.2024 the Commercial Court, at Alipore in connection with Misc. Case (Arb.) 30 of 2021. This application is a Section 9 application in which the award-debtor was directed to return the performance guarantee by virtue of the award in favour of the award-holder. However, as on date the validity and claim period of the bank guarantee has expired. In view thereof, nothing remains to be decided in this appeal by reason of altered situation.

2.

On such consideration, the appeal being FMA 594 of 2023 stands dismissed.

3. However, there shall be no order as to costs.

4. Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertaking.

(Soumen Sen, J.) (Biswaroop Chowdhury, J.)