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Calcutta High CourtAP-COM/651/2025disposed

Batliboi Limited v. M/S Citadel Instrumenttion

2025-12-23Hon'Ble Justice Ravi Krishan Kapur2 pages

OIPD-3

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction (COMMERCIAL DIVISION) ORIGINAL SIDE AP-COM/651/2025 BATLIBOI LIMITED VS M/S CITADEL INSTRUMENTTION

BEFORE:

The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 23rd December, 2025 Appearance:

Mr. Mainak Bose, Sr. Adv.

Mr. Abhirup Chakraborty, Adv.

...for the petitioner.

Mr. Siddhartha Goswami, ...appears in person.

The Court: In view of urgency pleaded and by consent of the parties, the matter is taken up for hearing.

This is an application under Section 36(2) of the Arbitration & Conciliation Act, 1996. The petitioner seeks stay of the arbitral award dated 8 January, 2003 passed by the West Bengal Industrial Facilitation Council. In an earlier round of proceedings, pursuant to an order dated 29 July, 2025 the petitioner had furnished a bank guarantee of Rs.50 lakhs with the Registrar, Original Side of this Court.

It is submitted on behalf of the petitioner that the bank guarantee is subsisting till 8 January, 2026 and there is an interim order of stay, subject to bank guarantee being kept alive and renewed until further orders of Court. In view of the above and the security also furnished in terms of earlier orders of Court, AP-COM/651/2025 stands disposed of.

Liberty is granted to both parties to take appropriate steps for expeditious hearing of the application under section 34 of the Arbitration & Conciliation Act, 1996.

Without prejudice to the rights and contentions of the parties and in view of the fact that the award is dated as far back as on 8 January, 2003, both parties are requested to take steps to amicably resolve their disputes. The order dated 25 August, 2025 stands confirmed. Liberty is granted to regularize the appointment of Advocate who is appearing on behalf of the respondent in accordance with law. (RAVI KRISHAN KAPUR, J.) spal