Calcutta High Court (Appellete Side)
M/S Batliboi Limited vs M/S Citadel Instrumentation & Another on 29 July, 2025
81.
(DL)
29.07.2025
Ct. No. 25
(ARPAN)
IN THE HIGH COURT AT CALCUTTA
Civil Revisional Jurisdiction
(Appellate Side)
C.O. 582 OF 2003
M/s Batliboi Limited
Vs.
M/s Citadel Instrumentation & Another
Mr. Utpal Bose, Sr. Adv.
Mr. Sayan Ganguly, Adv.
Ms. Atasi Sarkar, Adv.
Ms. Meghna Dhur, Adv.
...for the Petitioner
Mr. Sandipan Pal, Adv.
...for the Opposite Party No.1
Mr. Sirsanya Bandyopadhyay, Sr. S.C.
Mr. Debangshu Dinda, Adv.
...for the Opposite Party No.2
1.The present petition has been filed under Article 226 of the Constitution of India challenging the arbitral award dated 8th January, 2003 passed by the Chairman, West Bengal Industry Facilitation Council, Kolkata.
2. Learned counsel for the opposite party no.1 at the outset has raised objection as to the maintainability of the petition.
3. Learned Senior Counsel for the petitioner submits that in the present case, the impugned award is patently illegal and relies upon the judgment of the Hon'ble Supreme Court reported in (2020) 15 SCC 706 (M/s. Deep Industries Ltd. vs. Oil and Natural Gas Corporation Ltd & Anr.).
2
4. However, after making certain submissions learned Senior Counsel for the petitioner seeks permission to withdraw the present petition with liberty to institute appropriate legal proceedings to challenge the impugned award.
5. Learned Senior Counsel for the petitioner further submits that since the opposite parties have already filed an execution application, petitioner may be granted some protection.
6. Learned Senior Counsel further submits that in pursuance to the Co-ordinate Bench's order dated 1 st July, 2025, petitioner has already deposited Bank Guarantee amounting to Rs.50,00,000/- (Rupees Fifty Lakh only) with the Registrar General of this Court.
7. Hence, the petition is dismissed as withdrawn with liberty to institute appropriate legal proceedings to challenge the impugned award.
8. Petitioner shall institute appropriate legal proceedings within fifteen (15) days from the passing of this order.
9. However, no coercive steps shall be taken for thirty (30) days from the date of institution of the appropriate legal proceedings.
10. In case within thirty (30) days of the institution of the appropriate legal proceedings the competent court 3 does not pass any order, the decree holder shall be free to pursue with the execution application.
11. The Bank Guarantee deposited with this Court shall be returned to the petitioner after thirty (30) days of the institution of the appropriate legal proceedings.
12. Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.
(Dinesh Kumar Sharma, J.)