Calcutta High Court (Appellete Side)
Techmens Hydrocarbon Pvt. Ltd vs Assam Carbon Products Ltd on 15 July, 2025
Author: Soumen Sen
Bench: Soumen Sen
15.07.2025
Sl No.19
Court No.8
(gc)
FAT 305 of 2021
CAN 2 of 2022
Techmens Hydrocarbon Pvt. Ltd.
Vs.
Assam Carbon Products Ltd.
Mr. Naresh Balodia,
Mr. Samrat Saha,
Mr. Meghnad Dutta
...for the Appellant.
Mr. Rudrajit Sarkar,
Mr. Aditya Kanodia,
Mr. Debanshu Dinda,
Mrs. Shreya Trivedi
...for the Respondent.
Re: CAN 2 of 2022
1. This is an application for stay of operation of the impugned order passed in a proceeding under Section 34 of the Arbitration and Conciliation Act, 1996.
2. The appellant is the original complainant. The award was passed by MSME that was challenged under Section 34 of the Arbitration and Conciliation Act, 1996. The learned Commercial Judge has allowed the application under Section 34 and set aside the award giving rise to the present appeal. The appellant has contended that the application under Section 34 of the Arbitration and Conciliation Act, 1996 is not maintainable. As on date, there is no stay of operation of the order impugned.
3. However, having regard to the issues involved, we permit the respondent to withdraw the 2 amount deposited at the time of challenging the award under Section 34 of the Arbitration and Conciliation Act upon furnishing a bank guarantee with a further undertaking and if it is found that the amount to be deposited as a condition precedent for stay of operation of the award, such sum shall be paid subject to the result of this appeal.
4. The bank guarantee and the undertaking shall be furnished to the learned Commercial Judge in connection with the proceeding filed in Misc. (Arbitration) 34/20, CNR No.WBSP-18-000085- 2020 with an undertaking recorded in this order.
5. The law notes filed on behalf of the respondent along with the compilation of judgment are taken on record.
6. Accordingly, the application being CAN 2 of 2022 is disposed of.
7. The appeal shall be listed fairly at the top in the Combined Monthly List of August, 2025.
(Soumen Sen, J.) (Smita Das De, J.)