Calcutta High Court
Union Of India & Ors vs M/S. Murali Nayak on 31 July, 2009
Author: Indira Banerjee
Bench: Indira Banerjee
GA No.1912 of 2009
With
AP No. 571 of 2008
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ/Civil Appellate/Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
UNION OF INDIA & ORS. Plaintiff/Petitioner/Applicant
Versus
M/S. MURALI NAYAK Defendant/Respondent
Mr. Jayanta Banerjee, Advocate BEFORE:
The Hon'ble JUSTICE INDIRA BANERJEE Date : 31st July, 2009.
The Court : This application is for recalling of an order dated 27 January 2009 passed by this Bench in AP No.571 of 2008.
The order of which recall has been sought is extracted herein below for convenience :-
"This application, under Section 34 of the Arbitration and Conciliation Act, 1996, is for setting aside an award dated 18th August, 2008 passed by Sri Suhas Chandra Sen, a retired Judge of the Supreme Court.
Both parties agree that the award be set aside. The award is, accordingly, set aside and the matter is remitted back to the learned Arbitrator. The learned Arbitrator might fix his own remuneration.
The setting aside application is, thus, disposed of." 2
The order, recall of which has been sought, is a consent order and has, in any case, been acted upon. There are no legally sustainable grounds for recalling of the said order.
This application is thoroughly misconceived and the same is dismissed with costs of 200 G.Ms. to be paid to the Registrar, Original Side of this Court.
Urgent certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(INDIRA BANERJEE, J.) G/