Calcutta High Court
Kaushalya Infrastructure Development ... vs The West Bengal Small Industries ... on 16 December, 2019
Author: Ashis Kumar Chakraborty
Bench: Ashis Kumar Chakraborty
OD-6
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
A.P. No. 78 of 2019
KAUSHALYA INFRASTRUCTURE DEVELOPMENT CORPORATION LTD.
Versus
THE WEST BENGAL SMALL INDUSTRIES DEVELOPMENT CORP. LTD.
BEFORE:
The Hon'ble JUSTICE ASHIS KUMAR CHAKRABORTY
Date : 16th December, 2019
Appearance:
Mr. Rudraman Bhattacharya, Adv.
Mr. Arkaprava Sen, Adv.
Mr. Sayak Chakraborti, Adv.
...for the petitioner
Mr. Hirak Kr. Mitra, Sr. Adv.
Mrs. Suchismita Chatterjee, Adv.
Mr. Kamal Kr. Chattopadhyay, Adv.
...for the respondent
The Court: In this application under Section 34 of the Arbitration and Conciliation Act, 1996 (in short, "the Act of 1996) the petitioner, being the claimant in the arbitral proceeding has challenged the award made by the Sole Arbitrator on 7th October, 2018 in so far as the same rejected some of their claims against the respondent.
The application has been filed beyond three months from the date of receipt of the arbitral award but within next thirty days thereafter. Considering the averments made in the petition, I am inclined to exercise the discretion under the Proviso to Section 34(3) of the Act of 1996 for condoning the delay in preferring the present application. 2 Accordingly, the application, A.P. No. 78 of 2019 is admitted.
The application will appear for hearing in the monthly list of April, 2020. In the meantime the petitioner shall file informal paper books, disclosing all the records of the arbitral proceeding, upon notice to the respondent.
(ASHIS KUMAR CHAKRABORTY, J.) TO