Calcutta High Court
Techmens Hydrocarbons Pvt. Ltd vs Assam Carbon Products Limited on 3 September, 2019
Author: Ashis Kumar Chakraborty
Bench: Ashis Kumar Chakraborty
OD-11 ORDER SHEET
E.C. No. 313 OF 2018
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
TECHMENS HYDROCARBONS PVT. LTD.
Versus
ASSAM CARBON PRODUCTS LIMITED
BEFORE:
The Hon'ble JUSTICE ASHIS KUMAR CHAKRABORTY
Date : 3rd September, 2019.
Appearance:
Mr. Pritwiraj Sinha, Adv.
Mr. Pranit Bag, Adv.
Ms. Farnaz Nasim, Adv.
Mr. S. Sen, Adv.
... for petitioner.
The Court : The petitioner in this application has obtained
an award under the Micro, Small and Medium Enterprises Development
Act, 2006 for Rs.17,60,319/- plus interest @ 3 times of Bank rate
of RBI, compounded with monthly rest to the supplier unit under
Section 16 of Chapter V of MSMED Act, 2006 against the respondent.
The respondent has already challenged the said award by filing an application under Section 34 of the Arbitration and Conciliation Act, 1996(in short "the Act of 1996") before the Court of learned 7th Additional District Judge at Alipore, District- South 24 Parganas. The respondent has also deposited 75% of the awarded amount with appropriate department with relevant department of the Alipore Court. The application filed by 2 the present respondent before the Learned 7th Additional District Judge at Alipore, District- South 24 Parganas under Section 34 of the Arbitration and Conciliation Act, 1996(in short "the Act of 1996") is pending disposal. Since the respondent has already deposited 75% of the awarded amount the petitioner at the present moment cannot proceed with the execution application for realizing the entire awarded amount.
Accordingly, the hearing of this application is adjourned for a period of eight weeks.
In the meantime, the parties will approach the learned 7th Additional District Judge at Alipore, District- South 24 Parganas for disposal of the application filed by the present respondent under Section 34 of the Act of 1996.
(ASHIS KUMAR CHAKRABORTY, J.) mg