Hindustan Cables Limited v. M/S. Lalji Singh

OD-7 AP/151/2020 IA No.GA/1/2020(Old No.GA/745/2020)

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE HINDUSTAN CABLES LIMITED

Versus

M/S. LALJI SINGH

BEFORE:

The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA Date : 22nd April, 2021.

(Via Video Conference) Appearance:

Mr. Tilok Bose, Sr. Adv.

Mr. D. Das, Adv.

Mr. Sourav Sengupta, Adv.

Mr. Pranit Bag, Adv.

The Court: The award-debtor and the award-holder are represented in Court today. Learned counsel appearing for the parties submit that the disputes between the parties have been settled by a Terms of Settlement dated 20th April, 2021.

On perusing the Terms, it is found that both the parties through their representatives have put their respective signatures on the Terms. Clause 3(ii)(b) provides, inter alia, that the parties have agreed that AP/151/2020 should be allowed and the impugned award dated 14th December, 2019 be set aside by this Court. Clause 3(iii) further provides that there shall be no arbitral dispute subsisting between the parties and all claims of the claimant/award-holder

culminating in the impugned award dated 14th December, 2019 have been satisfied in full.

The above Clauses in the Terms of Settlement make it clear that both the parties have agreed that the impugned award dated 14th December, 2019 passed by a sole Arbitrator, should be set aside.

AP/151/2020 is disposed of in terms of the above. The award dated 14th December, 2019 is set aside. GA/745/2020, which is an application for stay of the impugned award, is also disposed of in terms of the above. The Terms of Settlement are kept on record.

(MOUSHUMI BHATTACHARYA, J.) bp.