Adegre 82 Sarl v. Intergrum International And ORS

OC - 14 ORDER SHEET AP 118 OF 2021

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL DIVISION ADEGRE 82 SARL

VERSUS

INTERGRUM INTERNATIONAL AND ORS.

BEFORE:

The Hon'ble JUSTICE DEBANGSU BASAK Date : 26TH MARCH, 2021.

Appearance :

Mr. Bhaskar Mukherjee, Adv.

Ms. Debjani Ghosh, Adv.

Mr. Debraj Sahu, Adv.

Mr. Nafisa Yasmin, Adv.

The Court : Affidavit-of-service filed in Court be taken on record. The application is taken up for consideration subsequent to the order dated March 17, 2021.

The typographical error in the order dated March 17, 2021 be corrected by deleting the date January 22, 2021 and replacing it with December 9, 2020. The present application is under Section 9 of the Arbitration and Conciliation Act, 1996 post the ex parte award dated December 9, 2020. A period of ninty days elapsed from the date of the ex parte award. The petitioner is yet to put the award in to execution.

In such circumstances, I am not inclined to pass any discretionary order under Section 9 of the Arbitration and Conciliation Act, 1996, in respect of an award which, the petitioner, by reason of operation of law put into execution. AP No.188 of 2021 is therefore, disposed of.

The subsisting interim order is stands vacated. (DEBANGSU BASAK, J.) S.De