Sterling And Wilson Private Limited vs M/S. Bridge And Roof Co. India Limited on 11 April, 2025

Calcutta High Court

Sterling And Wilson Private Limited vs M/S. Bridge And Roof Co. India Limited on 11 April, 2025

Author: Shampa Sarkar

Bench: Shampa Sarkar

OCD-16 & OC 198

                      IN THE HIGH COURT AT CALCUTTA
                    ORDINARY ORIGINAL CIVIL JURISDICTION
                           COMMERCIAL DIVISON

                                EC/49/2024
                    STERLING AND WILSON PRIVATE LIMITED
                                    VS
                   M/S. BRIDGE AND ROOF CO. INDIA LIMITED

                                     AND

                            IA NO. GA-COM/1/2025
                              IN AP-COM/14/2025
                   M/S. BRIDGE AND ROOF CO. INDIA LIMITED
                                      VS
                    STERLING AND WILSON PRIVATE LIMITED




  BEFORE:
  The Hon'ble JUSTICE SHAMPA SARKAR
  Date : 11th April, 2025.

                                                                      Appearance:
                                                       Mr. Priyankar Saha, Adv.
                                                      Ms. Srijani Mukherjee, Adv.
                                                        . . .for the award-holder.

                                                   Mr. Rabindra Kumar Mitra, Adv.
                                                   Mr. Sobhon Kumar Pathak, Adv.
                                           . . .for the respondent in GA 1 of 2025

And AP-COM 14 of 2025
. . . for the petitioner in EC 49 of 2024

The Court:

RE: EC 49 of 2024

GA COM 1 of 2025 filed in AP COM 14 of 2025, is running in the monthly

list as item no.198. Both the learned advocates for the parties consent that the
2

said (GA COM 1 of 2025) must be disposed of first, before EC 49 of 2025 is taken

up.

Thus, GA COM 1 of 2025 filed in connection with AP COM 14 of 2025, is

taken up along with EC 49 of 2024.

RE: GA COM 1 of 2025 in AP COM 14 of 2025

This is an application for extension of the time to file the bank guarantee

before the learned Registrar, Original Side, High Court, Calcutta. By an order

dated January 30, 2025 this Court had disposed of the application under Section

36(2) of the Arbitration and Conciliation Act, 1996 directing that in the event a

sum of Rs.1,94,00,000/- was secured by way of bank guarantee to the

satisfaction of the Registrar, Original Side, High Court Calcutta, the execution

shall remain stayed till the disposal of the application under Section 34 of the

Arbitration and Conciliation Act, 1996. The petitioner submits that, an extension

may be given as the bank guarantee could not be prepared within the time

prescribed by the Court. Further prayer is that the unconditional stay be

extended by a further period of two weeks and be continued till the disposal of

the application under Section 34 of the said Act.

Under such circumstances, this Court is of the view that the prayer is

innocuous and should be granted. GA COM 1 of 2025 is disposed by extending

the time to furnish the bank guarantee as directed in the order dated January

30, 2025, till May 1, 2025.

The unconditional stay of the execution case will continue up to May 1,

2025. The order dated January 30, 2025 is accordingly modified. If the bank

guarantee is deposited within the extended time, the stay of execution will
3

continue till disposal of the application under Section 34 of the Arbitration and

Conciliation Act, 1996.

For non-compliance of this order, EC/49/2024 will continue. Liberty to

mention.

(SHAMPA SARKAR, J.)

sp/