High CourtsDivision Bench(2023) 09 SIK CK 0058

Border Roads Organisation (BRO) vs Abhyudaya Housing And Construction Private Limited

Sikkim High Court · Decided on 27 September 2023

HON’BLE JUDGES
Biswanath Somadder, CJ · Bhaskar Raj Pradhan, J
CASE NUMBER
Arbitration Appeal No. 01 Of 2023

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Judgment

4 paragraphs · 137 words

Biswanath Somadder, CJ

At the time of hearing of the application for stay, being I.A. No.01/2023, an adjournment is sought for by the learned Advocate for the respondent.

At this juncture, we asked the learned Advocate for the respondent as to whether his client will proceed with the hearing of the Execution Application — pending before the learned Commercial Court — after having obtained adjournment from this Court. He assured this Court that his client will not proceed further with the Execution Application till the application for stay is taken up for further consideration.

On the basis of such assurance given by the learned Advocate representing the respondent, as stated hereinabove, we adjourn the application for stay (I.A. No.01/2023) as well as the main Arbitration Appeal, being Arb. A. No.01/2023, till 24th November, 2023, for further consideration.