Golf Green Builders Pvt Ltd. v. Gopeshwar Prasad Agarwal And ORS

OD-15 & 18 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE AP/761/2023 GOLF GREEN BUILDERS PVT. LTD.

VS GOPESHWAR PRASAD AGARWAL AND ORS.

AND AP/759/2023 GOLF GREEN BUILDERS PVT. LTD.

VS GOPESHWAR PRASAD AGARWAL AND ORS.

BEFORE:

The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA Date : 18th October, 2023.

Appearance:

Mr. S. N. Mitra, Sr. Adv.

Mr. Rajarshi Dutta, Adv.

...for the petitioner Mr. Farhan Ghaffar, Adv.

Mr. B. Mukherjee, Adv.

...for the respondents The Court:- AP/761/2023 This is an application for stay of an Award dated 27th July, 2023. By the impugned Award, the petitioner/award-debtor (who was the claimant in the arbitration) was directed to pay balance security deposit amounting to Rs.50,00,000/-.

Learned counsel appearing for the award-debtor seeks to secure the entire amount by way of cash deposit.

The award-holder is represented.

AP/761/2023 is accordingly allowed and disposed of by directing the award-debtor to deposit the cash security with the Registrar, Original Side of this Court within 22nd November, 2023. The operation of the impugned Award shall be stayed on and from 22nd November, 2023 subject to the award-debtor complying with this direction. If the award-debtor fails to comply then the award-holder will be at liberty to execute the Award on and from 23rd November, 2023.

AP/759/2023 Affidavit-in-opposition, as prayed for, be filed within 8th December, 2023. Affidavit-in-reply by 22nd December, 2023.

List this matter on 3rd January, 2024.

(MOUSHUMI BHATTACHARYA, J.) T.O.

A.R.(C.R.)