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The State Of West Bengal & Ors vs M/S. Dilip Kumar Saha on 18 December, 2018

It was submitted that thogh on March 15, 2018, the decision of the 5 Supreme Court in the case of Board of Control for Cricket of India (Supra) was passed and it was only on September 10, 2018 the petitioner filed this application. Thus, according to the respondent, in the present case, it cannot be held that the petitioner has filed this application without undue delay. It was further submitted that the petitioner has not been able to substantiate any case of suffering any irreparable loss or injury being suffered without an unconditional stay of operation of the arbitral award. Urging all these grounds, respondent prays for rejection of the prayer of the petitioner for unconditional stay of operation of the arbitral award.
Calcutta High Court Cites 9 - Cited by 0 - A K Chakraborty - Full Document

M/S. B.B.M. Enterprises vs State Of West Bengal on 5 December, 2018

54 crore. Moreover, it appears that a decision of the coordinate Bench in GA No. 1903 of 2018 with AP No. 1121 of 2016 [Union of India & Anr. Vs. Palm Development Pvt. Ltd.] passed on 5th September 2018 has not been interfered with by the Hon'ble Supreme Court in SLP (C) No. 25765/2018. The Hon'ble Supreme Court has dismissed the special leave petition on 3rd December 2018 arising out of the aforesaid order. Justice Ashis Kumar Chakraborty has held in the said judgment that the Union of India is entitled to obtain an order of unconditional stay of operation of the award. Justice Chakraborty has referred to the definition of "Government" in Order 28 Rules (8-A) and (8-B) of the Code of Civil Procedure and held that the Central Government and the State Government are exempted from furnishing security. In the event the application for condonation of delay is allowed, the award- debtor would enjoy an unconditional stay of operation of the award, in which case, the earlier orders passed in this proceeding need to be recalled.
Calcutta High Court Cites 2 - Cited by 0 - S Sen - Full Document

M/S. B.B.M. Enterprises vs State Of West Bengal on 5 December, 2018

07 crore. Moreover, it appears that a decision of the coordinate Bench in GA No. 1903 of 2018 with AP No. 1121 of 2016 2 [Union of India & Anr. Vs. Palm Development Pvt. Ltd.] passed on 5th September 2018 has not been interfered with by the Hon'ble Supreme Court in SLP (C) No. 25765/2018. The Hon'ble Supreme Court has dismissed the special leave petition on 3rd December 2018 arising out of the aforesaid order. Justice Ashis Kumar Chakraborty has held in the said judgment that the Union of India is entitled to obtain an order of unconditional stay of operation of the award. Justice Chakraborty has referred to the definition of "Government" in Order 28 Rules (8-A) and (8-B) of the Code of Civil Procedure and held that the Central Government and the State Government are exempted from furnishing security. In the event the application for condonation of delay is allowed, the award- debtor would enjoy an unconditional stay of operation of the award, in which case, the earlier orders passed in this proceeding need to be recalled.
Calcutta High Court Cites 2 - Cited by 0 - S Sen - Full Document

Pam Development Private Limited vs State Of West Bengal & Ors on 5 December, 2018

In view of the judgment passed by the coordinate Bench in GA No. 1903 of 2018 with AP No. 1121 of 2016 [Union of India & Anr. Vs. Palm Development Pvt. Ltd.] on 5th September 2018, since affirmed by the Hon'ble Supreme Court on 3rd December 2018, this application stands dismissed as withdrawn with liberty to apply in the event the award is upheld. All interim orders stand vacated.
Calcutta High Court Cites 1 - Cited by 0 - S Sen - Full Document

Pam Development Private Limited vs State Of West Bengal & Ors on 5 December, 2018

In view of the judgment passed by the coordinate Bench in GA No. 1903 of 2018 with AP No. 1121 of 2016 [Union of India & Anr. Vs. Palm Development Pvt. Ltd.] on 5th September 2018, since affirmed by the Hon'ble Supreme Court on 3rd December 2018, this application stands dismissed as withdrawn with liberty to apply in the event the award is upheld. All interim orders stand vacated.
Calcutta High Court Cites 1 - Cited by 0 - S Sen - Full Document
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