M/S. National Construction And Trading Company v. Union Of India And ANR.

OD-18

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE EC/535/2019 M/S. NATIONAL CONSTRUCTION AND TRADING COMPANY VS UNION OF INDIA AND ANR.

BEFORE:

The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 19th July, 2023 Appearance:

Ms. A. Banerjee, Adv.

...for Union of India.

The Court:- It is submitted on behalf of the award holder that an application assailing the award dated 7 March, 2016 is pending before this Court.

The matter has repeatedly been adjourned at the instance of the award holder.

In such circumstances, there is an obvious mistake in the Tabular Statement filed by the award holder.

In view of the fact that an application is pending under Section 34 of the Arbitration and Conciliation Act, 1996, the award has not become final nor enforceable.

Accordingly, EC/535/2019 stands disposed of as infructuous. Liberty is granted to the award holder to file a fresh execution application if the circumstances so warrant in accordance with law after disposal of the application under Section 34 of the Act.

Liberty is also granted to the award holder to take back the original of the award filed in this proceeding after replacing the same with the photocopy thereof.

(RAVI KRISHAN KAPUR, J.) SK.