M/S. Surendra Infrastructure Pvt. Ltd. v. The Executive Engineer
IN THE HIGH COURT AT CALCUTTA
[CIRCUIT BENCH AT PORT BLAIR] ...
CO/19/2023 M/s Surendra Infrastructure Pvt. Ltd.
Vs.
The Executive Engineer Mr. Tapan Kumar Das ... for the petitioner Mr. Shatadru Chakraborty Mr. Ramendu Agarwal ... for the respondent/ Opposite party April 26, 2023 (SR) Item No.9 Affidavit of service filed on behalf of the petitioner be kept with the record.
The award debtor/opposite party has filed an application under section 34 of the Arbitration and Conciliation Act, 1996 for setting aside the award dated October 15, 2018 passed in relation to the agreement No.300/A/EE/2006-07.
The said application has been registered before the Court of learned District Judge, Andaman and Nicobar Islands at Port Blair being Other Suit No. 02 of 2019. The awardee/petitioner is complaining inordinate delay in disposal of the said suit and by the instant application under Article 227 of the Constitution of India is praying a direction upon the Court below for expeditious disposal of the same.
Mr. Chakraborty appears for the opposite party and submits that the Suit is otherwise ready for disposal.
An application under section of 34 of the said Act of 1996, in view of the mandate of sub-section (6) thereof is required to be disposed of within a period of one year from the date on which notice upon the other side is served. It appears from the record that pursuant of service of such notice the awardee/petitioner has entered appearance in the Suit on September 13, 2019.
The learned District Judge therefore is requested to dispose of the Other Suit No. 2 of 2019 as expeditiously as possible preferably within a period of 6 months from the date of communication of this order and in doing so shall not grant any unnecessary adjournment to either of the parties. CO/19/2023 is disposed of with the above terms without any order as to costs.
All parties shall act on the server copy of this order duly downloaded from the official website of this Court.
Urgent certified copy of this order, if applied for, be supplied to the learned advocates for the respective parties upon compliance of usual formalities.
( Biswajit Basu, J.)