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2026 DAILYLAW 37713 (CAL)

UNION OF INDIA AND ANOTHER v. M/S. SHANKAR CABLE INDUSTRIES

AP-COM/654/2026 · 2026-08-31

Gaurang Kanth

body2026

Judgment text

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OCD-39 ORDER SHEET IN THE HIGH COURT AT CALCUTTA COMMERCIAL DIVISION ORIGINAL SIDE AP-COM/654/2026 [Old No.AP/112/2026] UNION OF INDIA AND ANOTHER VS M/S. SHANKAR CABLE INDUSTRIES BEFORE: The Hon’ble JUSTICE GAURANG KANTH Date : 31st August, 2026. Appearance: Ms. Aparna Banerjee, Adv. …for the petitioner Mr. Aniruddha Bhattacharya, Adv. Mr. Arnab Roy, Adv. Mr. Monsij Chakraborty, Adv. …for the 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 award dated 14.12.2018 passed by the learned sole Arbitrator. Learned Counsel for the petitioner submits that the said award is under challenge in AP/258/2019 and that the petitioner has already deposited 75% of the awarded amount on 16.06.2026 with the Registrar, Original Side. In view thereof, the petitioner prays for stay of operation of the award dated 14.12.2018. Having regard to the fact that the petitioner had already deposited 75% of the awarded amount, this Court is of the considered view that the 2 operation of the award dated 14.12.2018 may be stayed subject to deposit of the balance 25% of the awarded amount within a period of six weeks. Accordingly, the petitioner is directed to deposit the balance 25% of the awarded amount together up-to-date interest before the Registrar, Original Side within a period of six weeks by way of cash deposit. The Registrar, Original Side is directed to keep the said amount in an interest bearing FDR with any nationalised bank with an auto renewal facility. Subject to the aforesaid deposit being made within the stipulated time period, the operation of the award dated 14.12.2018 shall remain stayed during the pendency of AP/258/2019. It is clarified that in the event the petitioner fails to deposit the said amount within the stipulated time period, the conditional stay granted herein shall stand vacated without any further reference to this Court and the respondent shall be at liberty to proceed with the execution in accordance with law. With the aforesaid directions, the present petition is disposed of. (GAURANG KANTH, J.) R.Bhar