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Judgment
Arindam Sinha, J
I.A. No.23 of 021Â
Mr. Saha, learned senior advocate appears on behalf of applicant and submits, his client is award holder. His client applied by I.A. no.23 of 2021 for
modification of order dated 15th September, 2021 to the extent that appellant should deposit entire awarded amount along with accrued interest, at
Rs.81,41,46,459. He submits, by order dated 15th September, 2021 there was direction upon appellant to deposit only Rs.30.00,00,000/- in the
executing Court.
He draws attention to subsection (3) in section 36, Arbitration and Conciliation Act, 1996 to submit, the Court may direct stay of execution, firstly,
subject to such conditions it may deem fit and secondly, on reasons to be recorded in writing. He refers to said order dated 15th September, 2021 and
submits, the order does not state reasons. Hence, the application for modification.
Mr. Nanda, learned senior advocate appears on behalf of appellant. He has not been called upon to submit.
Said order dated 15th September, 2021 was passed by co-ordinate Bench. The learned Judge is available. In fitness of things this Bench is not
inclined to hear the modification application. It is released from the list. Applicant may seek assignment.
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