D/L- 40 07/07/2026 Ct. No.- 6 Aritra C.O. 1047 of 2026 M/s. UCON Vs. Union of India & Ors. Mr. Aurin Chakraborty Mr. Jatan Monga ….for the petitioner Mr. Anuran Samanta Mr. S. Chakraborty ….for the UOI The order of the learned Judge of the Commercial Court at Alipore in Misc. Arb (Com) 09 of 2026 dated February 21, 2026 is under challenge in this civil revisional application. By the order impugned the learned Judge of the Commercial Court passed an order of stay of operation of the impugned award dated November 19, 2025 subject to deposit of Rs.1,31,489/- by the petitioner in the form of renewable bank guarantee. Mr. Chakraborty, learned advocate appearing for the petitioner draws the attention of the Court to the award summary table at page 61 of the civil revisional application and submits that since the recovery of the performance guarantee of Rs.13,30,741/- was found to be not sustainable by the Arbitral Tribunal, the petitioner may not be required to deposit any further amount as a condition for grant of stay. Mr. Chakraborty further submits that such point was specifically taken in the application under Section 36(2) of the Arbitration and Conciliation Act and the same 2 was raised in course of hearing of the stay application but the learned Judge of the Commercial Court did not consider such aspect. The learned advocate appearing for the opposite party submits that the award is a money award and in order to obtain an order of stay of such award, such amount is to be deposited. After going through the order impugned it does not appear to this Court that the point which Mr. Chakraborty is now seeking to canvas was not raised by the petitioner before the learned Judge of the Commercial Court. It is now well-settled that the records of Court are sacrosanct and the same cannot be challenged by way of an affidavit before a superior forum. As to what transpired before the Judge of the Commercial Court on the date of hearing can only be decided by the Commercial Court and not by this Court. For such reason, and in view of the prayer of the petitioner, this Court is inclined to grant liberty to the petitioner to approach the learned Judge of the Commercial Court with appropriate application. Accordingly, CO 1047 of 2026 stands disposed of by giving liberty to the petitioner to file appropriate application in the light of the observation made hereinbefore. If such an application is filed, the learned Judge of the Commercial Court shall consider the same and dispose of in accordance with law by passing a reasoned order as expeditiously as possible. 3 There will be no order as to costs. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Hiranmay Bhattacharyya, J.)