Kolkata Environment Improvement Project v. Voltas Limited

IA No. GA 1 of 2021 APOT No. 211 of 2021 with EC No. 14 of 2020

IN THE HIGH COURT AT CALCUTTA

In appeal from its ORDINARY ORIGINAL CIVIL JURISDICTION CIVIL APPELLATE JURISDICTION Kolkata Environment Improvement Project

Versus

Voltas Ltd.

Before:

The Hon'ble Justice I. P. MUKERJI And The Hon'ble Justice ANIRUDDHA ROY Date: 21st December 2021 Appearance:

Mr. Anirban Ray, Advocate Mr. Gopal Chandra Das, Advocate Mr. Rudranil De, Advocate for the appellant Mr. Sakya Sen, Sr. Advocate Mr. Soorjya Ganguli, Advocate Mr. Sayantan Bose, Advocate Ms. Pooja Chakraborti, Advocate Mr. Somdutta Bhattacharyya, Advocate Ms. Radhika Misra, Advocate for the respondent The Court: Dispensing with all formalities the appeal and the stay application were heard out and are disposed of by this order. It is common ground that the application to set aside the award has been filed beyond 120 days of its receipt, by the appellant in the court below and is pending. We do not know how the appellant would be able to maintain that application.

In view of the above weakest of weak case of the appellant with regard to the challenge to the award, we do not find any ground to interfere with the judgment and order dated 6th December 2022 passed in execution directing the appellant to pay a sum of Rs. 1,25,05,431.98 alongwith interest as directed.

Only out of sympathy for Mr. Ray, learned Government Pleader for the appellant we direct that such payment is to be made by 10th January 2022 to give the remotest of remote chance to the appellant to try their luck in the section 34 application. (I. P. MUKERJI, J.) (ANIRUDDHA ROY, J.) R. Bose