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
BEFORE
HONOURABLE MR. JUSTICE PRASANTA KUMAR DEKA
ORDER
Date : 15-10-2020 Heard Mr. S. Sarma, the learned counsel appearing for the appellant. Also heard Mr. R. Sarma, learned counsel for the Caveator/respondents.
Page No.# 2/3 This is an application u/s 37(1)(c) of the Arbitration and Conciliation Act, 1996 against the judgment dated 13.9.2019 passed by the learned Addl. District Judge No.1,Kamrup(M) at Guwahati in Misc. Arbitration Case No. 05/ of 2018 refusing to set aside the arbitral award dated 11.11.2017. The award in this appeal pertains to 11.11.2017 and as submitted by Mr. Sarma, learned counsel for Caveator/respondents that Money Execution Case No. 11/2019 is pending in the court of learned Addl. District Judge No.1,Kamrup(M) at Guwahati for enforcement of arbitral award, the learned counsel for the respondent urged before this court that the matter is of extreme urgent in nature from the view point of the respondent, considering the substantial amount to be paid under the said award. On the other hand Mr. S. Sarma learned counsel for the appellant strenuously argued that there are substantial grounds in the appeal considering the perversity in the finding of the arbitrators while passing the award.
Be that as it may, in view of the submission made by learned counsel for the parties, let this appeal be admitted.
Call for the LCR.
List this appeal for hearing on 26.11.2020. Registry shall ensure the requisition of the records in between, so that the matter can be taken up on the date so fixed for hearing the appeal. No further notice is required to be issued to the respondent No.1 keeping in view that the respondent No. 1 is represented by Mr. R. Sarma . So far the proforma respondent No. 2 is concerned it is stated in the appeal memo itself that the said body was wound up w.e.f. 29.2.2016 but imleaded as per the arbitral award.
In view of the said contention of the appellant in the appeal memo notice need not be Page No.# 3/3 issued to respondent No.2.
JUDGE Comparing Assistant