Research › Search › Judgment

Calcutta High Court · body

2025 DAILYLAW 55220 (CAL)

BRIDGE AND ROOF COMPANY INDIA LTD v. STERLING AND WILSON PRIVATE LIMITED

AP-COM/14/2025 · 2025-01-30

Shampa Sarkar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

OCD 9 ORDER SHEET AP-COM/14/2025 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL DIVISION BRIDGE AND ROOF COMPANY INDIA LTD. VS STERLING AND WILSON PRIVATE LIMITED BEFORE: The Hon'ble JUSTICE SHAMPA SARKAR Date: 30th January, 2025. Appearance: Ms. Neelina Chatterjee, Adv. Mr. Suvodeep Chakraborty, Adv. …for the petitioner Mr. Rabindra Kr. Mitra, Adv. Mr. Sobhan Kr. Pathak, Adv. …for the respondent/award-holder The Court: This is an application under Section 36(2) of the Arbitration and Conciliation Act, 1996 for stay of the award and also for stay of the execution case. The award was delivered on June 19, 2022. The learned advocate for the respondent has handed over a calculation with regard to the sum to be secured by the award-debtor, to obtain an order of stay. Accordingly, the Court directs the award-debtor to furnish a bank guarantee of Rs.1,94,00,000/- to the satisfaction of the learned Registrar, Original Side, High Court, Calcutta. There shall be an unconditional stay of the 2 award as also the execution case for a period of four weeks from date. The bank guarantee shall be furnished within four weeks as directed hereinabove. The bank guarantee shall be kept renewed from time to time. The said stay will continue till disposal of the application under Section 34 of the Arbitration and Conciliation Act, 1996, if the above direction is complied with. In case of default, the stay shall automatically stand vacated without further reference to the Court and the award-holder can proceed with the execution case. The application is, accordingly, disposed of. (SHAMPA SARKAR, J.) B.Pal