Gauhati High Court
Union Of India vs M/S Tenzing Construction on 20 March, 2019
Author: Suman Shyam
Bench: Suman Shyam
Page No.# 1/2
GAHC010033842019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil) 614/2019
1:UNION OF INDIA
REPRESENTED BY THE CHIEF ENGINEER PROJECT VARTAK, BORDER
ROAD ORGANISATION, C/O 99 APO DIST SONITPUR, ASSAM 784001
VERSUS
1:M/S TENZING CONSTRUCTION
MAIN MARKET, DIRANG, WEST KAMENG, ARUNACHAL PRADESH 790101
Advocate for the Petitioner : MR. S C KEYAL
Advocate for the Respondent : MR. D WANGDI
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
Date : 20-03-2019 Heard Ms. P. Baruah, learned counsel for the applicant. Also heard Mr. U.K. Nair, learned Sr. counsel appearing for the opposite party.
In this I.A. a prayer has been made for stay of execution of the arbitral award. This I.A. has been fixed today for consideration of the prayer for interim order.
Ms. Baruah submits that next date fixed in the execution case before the court below is Page No.# 2/2 on 25-03-2019.
Mr. Nair submits that he would have no objection, if this Court passes an interim order of stay and examines the issues raised in this appeal, but the applicant do not have any ground to deny the payment of the admitted dues of Rs. 60,00,000/- (Rupees Sixty Lakhs) (approximately), which the contractor is in any event, entitled to receive under the contract agreement.
Responding to the same, Ms. Baruah prays for time till 29-03-2019 to seek instruction from her client.
Office to list this case again on 29-03-2019. Taking note of the assurance given by Mr. Nair that his client would seek adjournment before the court below on 25-03-2019, I do not deem it necessary to pass any interim order in this case at this stage.
The prayer will be considered on the next date. List again on 29-03-2019.
JUDGE GS Comparing Assistant