Senbo Engineering Limited v. Union Of India
OCD-16 ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
COMMERCIAL DIVISION ORIGINAL SIDE IA NO. GA-COM/2/2026 [Old No.EC/129/2021] In EC-COM/99/2024 SENBO ENGINEERING LIMITED Vs UNION OF INDIA
BEFORE:
The Hon'ble JUSTICE GAURANG KANTH Date : 18th June, 2026.
Appearance Mr. Dhruvo Ghosh, Sr. Adv.
Mr. D.N. Sharma, Sr. Adv.
Mr. Nilay Sengupta, Adv.
Mr. Sujit Banerjee, Adv.
...for award-holder Mr. Siddharth Lahiri, Adv.
Ms. Amrita Pandey, Adv.
Ms. Nivedita Mullick, Adv.
Ms. Sayamrita Auddya, Adv.
...for award-debtor The Court: In Re: GA-COM/2/2026 This is an application filed by the award-holder praying for recall of the order dated 11.06.2026 and for consequential directions for release of the amount deposited pursuant to the order passed in connection with the challenge to the Arbitral Award dated 09.03.2021. It is, however, noted that no order was passed on 11.06.2026.
Learned Counsel of the award-holder submits that by the award dated 09.03.2021, the award holder was awarded a sum of Rs. 29,56,73,284/-. Pursuant to the orders passed in the proceeding arising out of the challenge to the said award, the award-debtor had deposited a sum of Rs. 29,00,00,000/- with the Registrar, Original Side. The said amount has been
invested and is presently lying with the Registrar, Original Side of this Court. It is submitted that the proceedings challenging the award has attained finality and the award stands restored in its entirety. Learned Counsel for the award-holder submits that the award-debtor has also taken all necessary administrative steps for release of the awarded amount and there remains no impediment to the disbursement of the amount lying deposited.
The award-holder has placed on record the circumstances leading to the oral proceedings held on 11.06.2026 and has tendered an unconditional apology for the confusion caused on account of the submissions made on the earlier occasion.
Since the award stands affirmed and there is no subsisting order restraining disbursement of the deposited amount, the award-holder is entitled to receive the amount lying deposited with the Registrar, Original Side of this Court.
In view of this, the Registrar, Original Side, is directed to release and pay over the award-holder a sum of Rs. 29,00,00,000/- together with the entire interest accrued thereon from the date of deposit till the date of disbursement. Such payment shall be made within a period of two weeks from the date of communication of this order upon completion of all necessary formalities. The record further indicates that after giving credit to the amount deposited before this Court, a further amount remains payable under the award towards the decretal dues together with accrued interest. Accordingly, the award-debtor/Union of India is directed to pay the award-holder the balance amount which remains payable under the award after giving due credit to the amount released by the Registrar, Original Side
together with the interest in terms of the award up to the date of actual payment.
Learned Counsel for the award-debtor states that such payment shall be made within a period of four weeks from today. In the event the award-debtor fails to make the balance payment within the aforesaid period, the award-holder shall be entitled to take appropriate steps in accordance with law for enforcement and recovery of the same. The application is accordingly allowed. The present execution petition is disposed of in terms of the above. In Re: GA-COM/1/2024 Leaned Counsel for the petitioner does not press the said application. Accordingly, GA-COM/1/2024 is dismissed as not pressed. All other pending applications stand disposed of. (GAURANG KANTH, J.) S. Mandi AR(CR)