Union Of India And ANR v. Kushal Kumar Kumar And ORS

ODC-34 ORDER SHEET AP/488/2022 WITH AP/361/2022

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE (Commercial Division) UNION OF INDIA AND ANR VS KUSHAL KUMAR KUMAR AND ORS

BEFORE:

The Hon'ble JUSTICE SHEKHAR B. SARAF Date : 11th August, 2022 Appearance:

Ms. Aparna Banerjee, Adv.

...for the petitioner Mr. Suman Kumar Dutt, Adv.

Mr. Mohit Gupta, Adv.

Mr. A.P. Agarwalla, Adv.

...for the respondents Re. AP/361/2022:- This is a Section 34 application.

Let affidavits be exchanged in this matter.

Affidavit-in-opposition be filed within five weeks from date; reply thereto, if any, within two weeks thereafter.

Liberty is granted to the parties to mention the matter for inclusion in the list.

The point of maintainability is kept open.

Re. AP/488/2022:- Counsel on behalf of the petitioner submits that they are willing to deposit the entire sum of Rs.1,40,21,044/- as cash deposit before the Registrar, Original Side within a period of five weeks from date. Accordingly, the petitioner is directed to deposit the above amount before the Registrar, Original Side within a period of five weeks and upon deposit of such amount, the Registrar, Original Side is directed to create interest bearing fixed deposit of the said amount. In the event the money is deposited within five weeks, the arbitral award shall remain stayed till the hearing of the Section 34 application.

The award-holder shall be at liberty to file an application for withdrawal of the amount that is to be deposited before the Registrar, Original Side, if so advised.

AP/488/2022 is, accordingly, disposed of.

(SHEKHAR B. SARAF, J.) R.Bhar