METRO RAILWAY KOLKATA v. M/S BCL SECURE PREMISES PRIVATE LIMTED
AP-COM/89/2025 · 2026-08-31
Gaurang Kanth
body2025
DailyLaw.ai
[ 2025 DAILYLAW 3529 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3529 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
OCD- 32
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA COMMERCIAL DIVISION ORIGINAL SIDE
AP-COM/89/2025 METRO RAILWAY KOLKATA VS M/S BCL SECURE PREMISES PRIVATE LIMTED
BEFORE:
The Hon’ble JUSTICE GAURANG KANTH Date : 31st August, 2026.
Appearance: Mr. Siddhartha Lahiri, Adv. Ms. Amrita Pandey, Adv. …for petitioner. Mr. Chayan Gupta, Adv. Ms. Darshana Sett, Adv. Mr. Abhidipto Tarafder, Adv. Mr. Tanay Agarwal, Adv. Ms. Priyansha Agarwal, Adv. …for respondent.
The Court: - The petitioner has preferred the present petition under Section 36(2) of the Arbitration and Conciliation Act, 1996, seeking stay of the operation of the arbitral award dated 6th August, 2024 which is under challenge before this Court in a connected application under Section 34 of the Arbitration and Conciliation Act, 1996.
Learned counsel for the petitioner prays for an unconditional stay of the operation of the impugned award pending disposal of the Section 34 application. Learned counsel for the petitioner submits that he is ready and willing to deposit the awarded amount in terms of the award dated 6th August, 2024 within a period of four weeks.
2
Learned Counsel for the Respondent submits that the Petitioner is liable to deposit the awarded amount along with the interest accrued thereupon. This Court has heard the submissions advanced by the learned Senior Counsel appearing for the respective parties and has perused the materials placed on record. This Court is of the view that the interest of justice will be adequately protected by staying the operation of the award, subject to the Petitioner securing the awarded amount. Accordingly, the operation of the arbitral award dated 6th August, 2024 shall stand stayed, subject to the Petitioner depositing 100% of the awarded amount by way of cash security, to the satisfaction of the Registrar, Original Side, within a period of four weeks from date. The Registrar, Original Side is directed to keep the said amount in an interest-bearing FDR with a nationalised bank, with auto-renewal facility, pending further orders. It is made clear that in the event the Petitioner fails to deposit the awarded amount within the aforesaid period, the stay granted herein shall stand vacated automatically, and the award dated 6th August, 2024 shall become forthwith executable. .With the aforesaid directions, the present petition is disposed of.
(GAURANG KANTH, J.)
R. D. Barua