Calcutta High Court
M/S. Motilal Agarwal vs State Of West Bengal & Anr on 7 May, 2015
Author: Soumen Sen
Bench: Soumen Sen
ORDER
EC No. 143 of 2014
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
M/S. MOTILAL AGARWAL
Versus
STATE OF WEST BENGAL & ANR.
BEFORE:
The Hon'ble JUSTICE SOUMEN SEN
Date: 7th May 2015.
Appearance:
Mr. Bijon Majumdar, Advocate ...for the petitioner.
Mr. Paritosh Sinha, Advocate ...for the judgment debtors.
Since the appeal is pending and in view of the judgment of Hon'ble Division Bench of this Hon'ble Court in National Highways Authority of India vs. B. Seenaiah Co. (Projects) Limited reported in 2012 (5) CHN (CAL) 557, no direction for securing the claim at this stage could be passed. Accordingly, the submissions of Mr. Bijon Majumdar, learned advocate appearing for the decree holder placing reliance on the judgment of the Delhi High Court in Décor India P. Ltd. vs. National Building Construction Corporation Ltd. reported at 2007 (3) Arb. LR 348 (Delhi) (DB) and the judgment of the Allahabad High Court in Vipul Agarwal vs. Atul Kanodia & Co. & Anr. reported at 2004 (2) Arb. LR 335 that there is no automatic stay on pendency of the appeal at this stage cannot be accepted. I am bound by the Division Bench judgment of our High Court. 2
Under such circumstances, the hearing of the execution application is adjourned sine die with liberty to mention.
( SOUMEN SEN, J. ) S. Kumar A.R.(CR)