Gauhati High Court
The Sports Authority Of Assam vs Larsen And Tourbo Limited And Anr on 15 October, 2020
Author: Prasanta Kumar Deka
Bench: Prasanta Kumar Deka
Page No.# 1/3
GAHC010310192019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Arb.A. 7/2020
1:THE SPORTS AUTHORITY OF ASSAM
(RUDRA SINGHA SPORTS COMPLEX, DISPUR), SARUSAJAI SPORTS
COMPLEX, GUWAHATI- 781034, REP. BY ITS AUTHORIZED OFFICER AND
ADMINISTRATIVE OFFICER, SRI KAMALJIT TALUKDAR, ACS, AGE- 46
YEARS.
VERSUS
1:LARSEN AND TOURBO LIMITED AND ANR
MOUNT POONAMALLE ROAD, MANAPALLAM, POST BAG NO. 979,
CHENNAI-600089, TAMIL NADU, INDIA HAVING ONE OF ITS REGIONAL
OFFICE AT GODREJ WATERSIDE BUILDING, 11TH FLOOR, TOWER-2,
OFFICE-5, PLOT-5, BLOCK DP SECTOR-V, SALT LAKE, KOLKATA- 700091,
WEST BENGAL, INDIA.
2:NATIONAL GAMES SECRETARIAT (NGS) OF ASSAM
RUDRA SINGHA SPORTS COMPLEX
DISPUR
GUWAHATI- 781006
Advocate for the Petitioner : MR. S SARMA
Advocate for the Respondent : MR R SHARMA, Caveator
Linked Case : I.A.(Civil) 864/2020
1:THE SPORTS AUTHORITY OF ASSAM
(RUDRA SINGHA SPORTS COMPLEX
DISPUR)
SARUSAJAI SPORTS COMPLEX
GUWAHATI- 781034
REP. BY ITS AUTHORIZED OFFICER AND ADMINISTRATIVE OFFICER
SRI KAMALJIT TALUKDAR
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ACS
AGE- 46 YEARS.
VERSUS
1:LARSEN AND TOURBO LIMITED AND ANR
MOUNT POONAMALLE ROAD
MANAPALLAM
POST BAG NO. 979
CHENNAI-600089
TAMIL NADU
INDIA HAVING ONE OF ITS REGIONAL OFFICE AT GODREJ WATERSIDE
BUILDING
11TH FLOOR
TOWER-2
OFFICE-5
PLOT-5
BLOCK DP SECTOR-V
SALT LAKE
KOLKATA- 700091
WEST BENGAL
INDIA.
2:NATIONAL GAMES SECRETARIAT (NGS) OF ASSAM
RUDRA SINGHA SPORTS COMPLEX
DISPUR
GUWAHATI- 781006.
Advocate for the Petitioner : MR. S SARMA
Advocate for the Respondent :
BEFORE
HONOURABLE MR. JUSTICE PRASANTA KUMAR DEKA
ORDER
Date : 15-10-2020 Heard Mr. S. Sarma, the learned counsel appearing for the applicant. The learned counsel for the opposite party Mr. R. Sarma sought for a direction to deposit a portion of the awarded amount in the event operation of the award is to be stayed.
Citing Pam Development Pvt. Ltd Vs State of West Bengal reported in 2019(8) SCC 112, Mr. R. Sarma submits that the arbitral forum is chosen by the parties in order to cut-
Page No.# 3/3 short the delay in satisfaction of the order and redressal of the grievance of the parties. Behind such intent and purpose , it is mandatory on the part of the appellant to deposit either a part of the award or satisfied the decreetal amount at least at the time of filing an appeal against the award . Mr. S. Sarma fairly accepted the ratio cited by Mr. R. Sarma, however keeping in view the financial constraint, as informed to him by the appellant, he insisted for early disposal of this appeal but staying the operation of the award.
Considering the same, I am inclined to pass an order of status quo as on today in respect of the award till the next date fixed.
List on 26.11.2020.
JUDGE Comparing Assistant