Union Of India Through The Executive Engineer v. Shri.S.N.Kanungo

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** FMAT/1/2025 (IA NO: CAN/1/2025) Union of India through the Executive Engineer Vs.

Shri S. N. Kanungo Mr. V. D. Sivabalan ... for the appellant Mr. Saurav Kanungo ... for the respondent [through virtual mode] March 12, 2025 [SR] Item No.19 1.

We have heard the learned counsel for the parties. 2.

It appears that on 18th December, 2024, the executing court has proceeded with the enforcement of the award in view of the fact that the application under section 34 of the Arbitration and Conciliation Act, 1996 was dismissed on 7th September, 2018.

3.

However, it reveals from the supplementary affidavit that the order dated 7th September, 2018 was set aside by a Coordinate Bench in FMAT/3/2018 on 29th September, 2023. By reason of the order of the Coordinate Bench, the Trial Court was requested to proceed with the application under section 34 of the Arbitration and Conciliation Act as expeditiously as possible without granting any unnecessary adjournments to either of the parties.

4.

While giving direction on 18.12.2024 by the learned Additional District Judge, the order dated 29th September, 2023

was not brought to the notice of the learned Additional District Judge.

5.

In view whereof, the order directing the filing affidavit of asset is set aside. The appeal and the connected application stand allowed.

6.

The execution proceeding shall remain stayed till the disposal of the application for setting aside of the award. ( Soumen Sen, J. ) (Raja Basu Chowdhury, J. )