High CourtsSingle Bench(2018) 05 CAL CK 0008

ASIF ABDULSALAM BHIMANI vs MAGMA HOUSING FINANCE & OTHERS

Calcutta High Court · Decided on 2 May 2018

HON’BLE JUDGES
ASHIS KUMAR CHAKRABORTY J
RESULT
Disposed Off
CASE NUMBER
AP 1617 of 2015

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Judgment

9 paragraphs · 188 words

The Court : It is submitted on behalf of the respondent finance company in this application under Section 34 of the Arbitration & Conciliation Act,

1996 (in short, ""the Act of 1996"") that during the pendency of the petition challenging the award, the entire dues of the finance company has been

cleared and the finance company has no further claim against the petitioner.

The finance company has categorically stated that it shall not execute the arbitral award against the petitioner any further. Ms. N. Adhya, learned

counsel appearing for the petitioner submits that the advocate-on-record of the petitioner is not aware of the payment made to the finance company.

Be that as it may, when the respondent finance company itself submits that it has no further claim against the petitioner and that it shall not execute

the arbitral aware passed by the Arbitrator, I do not find any reason to keep this application pending before this Court.

A.P.No.1617 of 2015 is disposed of without any order. Certified website copies of this order, if applied for, be urgently supplied to the parties subject

to compliance with all requisite formalities.