Supreme Court - Daily Orders
Kolkata Metropolitan Development ... vs M/S. South City Projects (Kolkata) ... on 15 July, 2022
Bench: M.R. Shah, B.V. Nagarathna
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ITEM NO.22 COURT NO.11 SECTION XVI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 10981/2022
(Arising out of impugned final judgment and order dated 02-02-2022
in AP No. 483/2021 passed by the High Court At Calcutta)
KOLKATA METROPOLITAN DEVELOPMENT AUTHORITY Petitioner(s)
VERSUS
M/S. SOUTH CITY PROJECTS (KOLKATA) LIMITED Respondent(s)
(FOR ADMISSION and I.R.)
Date : 15-07-2022 This petition was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE M.R. SHAH
HON'BLE MRS. JUSTICE B.V. NAGARATHNA
For Petitioner(s) Mr. Kalyan Bandopadhyay, Sr. Adv.
Mr. Zoheb Hossain, AOR
Mr. Vivek Gurnani, Adv.
Mr. Shoaib Alvi, Adv.
For Respondent(s) Ms. Nooreen Sarna, Adv.
Mr. Abhijeet Sinha, AOR
UPON hearing the counsel the Court made the following
O R D E R
By the impugned order, the High Court has directed the petitioner to deposit the entire awarded amount by way of cash security or its equivalent to the satisfaction of the Registrar, Original Side, High Court at Calcutta. The same is absolutely in consonance with the relevant provisions of CPC as well as Section 36(3) of the Arbitration Act.
At this stage, it is required to be noted that the High Court Signature Not Verified has not even permitted the original Claimant to withdraw the amount Digitally signed by R Natarajan Date: 2022.07.18 16:55:28 IST Reason: which is directed to be deposited. Therefore, at this stage, the interest of the petitioner is also protected by the High Court. It 2 is reported that the petitioner has now already complied with the impugned order and has deposited the entire awarded amount as directed by the High Court.
In that view of the matter, no interference of this Court is called for.
It is to be noted that, as reported, the application submitted by the Claimant for withdrawal of the amount is pending before the High Court. We do not comment on the said application. It is ultimately for the High Court to pass an appropriate order in accordance with law and on merits, after hearing both the parties. The Special Leave Petition stands dismissed.
(R. NATARAJAN) (NISHA TRIPATHI) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR