Dilip Kumar Chatterjee v. State Of West Bengal

O-31

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE EC/78/2018 IA NO: GA/1/2018(Old No:GA/3173/2018), GA/2/2021 DILIP KUMAR CHATTERJEE VS STATE OF WEST BENGAL

BEFORE:

The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 4th March, 2024.

Appearance:

Mr. Priyankar Saha, Adv.

Mr. Hemant Tiwari, Ad.

Mr. Paritosh Sinha, Adv.

Mr. Arindam Mandal, Adv.

The Court: This is an application for execution of an award dated 30th June, 2017.

By an order dated 23rd December, 2021, an application filed under Section 34 of the Arbitration and Conciliation Act, 1996 was allowed and the award dated 30th June, 2017 stood dismissed.

Thereafter, by an order dated 21st February, 2024 an appeal under Section 37 against the order dated 23rd December, 2021 was also dismissed. It is submitted that Special Leave Petition has been filed against the order dated 23rd December, 2021.

The matter has repeatedly appeared on 19th January, 2024, 5th December, 2023 12th October, 2023, 30th August, 2023 and 7th October, 2021 respectively and has been adjourned at the instance of the award-holder.

In view of the fact that there is no enforceable award subsisting as on date, no purpose would be served in keeping this proceeding pending. EC/78/2018 stands dismissed.

All connected applications also stand dismissed as infructuous. Liberty is granted to the award-holder to take back the original of the award after replacing the same with a photocopy thereof. Liberty is also granted to the award-holder to file a fresh execution application in accordance with law if the circumstances so warrant. (RAVI KRISHAN KAPUR, J.) S.Bag