National Jute Manufacturers Corporation Ltd v. Saurabh Muklania

OCD-1 & 2

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE (Commercial Division) IA NO. GA-COM/3/2024 In AP/221/2022 NATIONAL JUTE MANUFACTURERS CORPORATION LTD Vs SAURABH MUKLANIA EC/22/2023 SAURABH MUKLANIA VS NATIONAL JUTE MANUFACTURES CORPORATION LTD BEFORE :

THE HON'BLE JUSTICE SABYASACHI BHATTACHARYYA Date : 16th July, 2024 Appearance:

Mr. G. Khaitan, Adv.

Mr. Anuj Singh, Adv.

Mr. Srinjoy Bhattacharya, Adv.

...for the petitioner in item no. 2 ...for the respondent in item no. 1 Mr. Rahul Karmakar, Adv.

Mr. Sounak Mukherjee, Adv.

..for the petitioner in item no. 1 ...for the respondent in item no. 2 The Court : The short backdrop of the case is that in a writ petition, an order was passed in favour of the award-holder granting liberty to the awardholder to avail the benefit of a scheme floated by the Government by the name of "Vivad Se Vishwas". As per the said scheme, a waiver was to be granted to the award-holder.

The present application under Section 34 of the Arbitration and Conciliation Act, 1996 is a challenge against an arbitral award granting the benefit of the scheme to the award-holder and the connected execution case filed by the award-holder.

Learned counsel appearing for the award-debtor submits that the awarddebtor is agreeable to comply with the order of this Court and for such purpose seeks liberty to withdraw the amount deposited in the Court for the purpose of payment to the award-holder.

Accordingly, AP/221/2022 along with GA-COM/3/2024 as well as EC/22/2023 are disposed of with liberty to the award-debtor to withdraw the amount deposited with the registry of this Court. If such an approach is made by the award-debtor, the registry shall ensure that the amount is disbursed in favour of the award-debtor upon deduction of necessary expenses for the purpose of disbursal to the award-holder.

Upon receipt of the said amount, the award-debtor shall disburse the agreed amount in favour of the award-holder within a fortnight thereafter. Accordingly, all pending applications in connection with the above matters stand disposed of.

(SABYASACHI BHATTACHARYYA, J.) s.bag