Anup And Company v. Union Of India (S.E. Railway)

OD-9 EC/516/2019

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE (Via Video Conference) ANUP AND COMPANY VS UNION OF INDIA (S. E. RAILWAY)

BEFORE:

The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 8th March, 2022.

Appearance:- Ms. Aparna Banerjee, Adv.

Mr. Bijan Majumder, Adv.

The Court: This is an application for enforcement of an award dated 7 June 2019. It is submitted on behalf of the judgment-debtors that an appeal passed against an order in an application under Section 34 of Arbitration and Conciliation Act, 1996, is pending before the High Court at Jharkhand.

Accordingly, it is evident that the award dated 7 June 2019 has still not ripened for execution and is pre-mature.

EC/516/2019 is dismissed as not maintainable. Liberty is also granted to the decree-holder to take back the original certified copy of the award after replacing the same with a photocopy thereof and file an execution application afresh in accordance with law, if so warrant. (RAVI KRISHAN KAPUR, J.) D.Ghosh