Calcutta High Court (Appellete Side)
C & Cr vs M/S Hindcon Chemicals Pvt. Ltd on 6 February, 2023
Author: Subhasis Dasgupta
Bench: Subhasis Dasgupta
06.02.2023 Item No.8 Ct. No.7 CHC C.O. 3848 of 2022 M/S Besco Limited C & CR Vs. M/S Hindcon Chemicals Pvt. Ltd. Mr. Debjani Sengupta, Mr. Rajib Mullick, Ms. Shreyashi Maity ...for the petitioner Mr. Avirup Mondal, Mr. Kaustav Chandra Das ...for the opposite party Subject-matter of challenge in this case is against the rejection of a petition filed under Section 151 C.P.C. dated 26th August, 2022, wherein the maintainability of a execution case relatable to Money Execution is challenged.
Ms. Sengupta, learned advocate appearing for the petitioner submits that the award has been passed under MSME Act, 2006, without allowing the petitioner to contest the arbitral proceedings. Since the award has been passed behind the back of the petitioner, learned advocate argues that the trappings available in the Arbitration Act could not be utilized in the Arbitration Proceeding, conducted under MSME Act, 2006.
2Mr. Avirup Mondal, learned advocate appearing for the opposite party disputes with the submission raised by the petitioner replying to the effect that the award has been duly communicated to the petitioner/award debtor, and it is after the period of limitation, the referred execution proceeding has been levied.
It is also submitted by the opposite party that there is no pending application under Section 34 of the Arbitration and Conciliation Act before any court of law.
Since the propriety and illegality of the award has been sought to be challenged in this case, against the rejection of a prayer under Section 151 C.P.C., the point could be ordinarily raised under Section 34 of the Arbitration and Conciliation Act. This Court is not inclined to pass any interim order at this stage. The matter needs further consideration. Opposition in the form of affidavit may be filed within fortnight. Reply, if there be any, within one week thereafter.
List the matter in the first week of March, 2023. Pendency of this revisional application will however, not prevent the petitioner to take recourse to the provisions available under Section 34 of Arbitration 3 and Conciliation Act, if the award debtor/petitioner so desires.
(Subhasis Dasgupta, J.)