Disposed

M/S. Adharshilla and Anr. v. Arun Ch. Choudhury and Anr.

Gauhati HC6 Sept 2019Arb.A./23/2015

Case brief

AI extract

What is this about?

The High Court disposed of an appeal against an order rejecting an application to set aside an arbitral award. The appellants and respondents reached a settlement during appellate proceedings. The court incorporated the settlement, directing the appellants to pay the respondents Rs. 12,00,000/- in five instalments as per the agreed schedule by treating failure to comply as a violation of undertaki

What did the court decide?

The appeal was disposed of by directing the appellants to pay the respondents Rs. 12,00,000/- in five instalments from 20.10.2019 to 20.01.2020 as per the agreed schedule.

M/S. Adharshilla and Anr. Vs Arun Ch. Choudhury and Anr. — Arbitration | Gauhati HC (2019)

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Page No.# 1/3

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GAHC010026372015

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : Arb.A. 23/2015

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1:M/S. ADHARSHILLA and ANR.

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A PARTNERSHIP FIRM HAVING ITS REGISTERED OFFICE AT R.G. BARUAH ROAD, NABIN NAGAR, L.K.R. BARUAH PATH GUWAHATI 781024, KAMRUP, ASSAM REPRESENTED BY ITS MANAGING PARTNER SRI GAUTAM BARUAH

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2: GAUTAM BARUAH

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S/O LATE JAGAT PRASAD BARUAH MANAGING PARTNER OF M/S ADHARSHILA R.G. BARUAH ROAD NABIN NAGAR L.K.R. BARUAH PATH GUWAHATI 781024 DIST. KAMRUP ASSAM

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VERSUS

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1:ARUN CH. CHOUDHURY and ANR. S/O SRI GIRIN CHANDRA CHOUDHURY

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2:SMT. PRIYA LAXMI CHOUDHURY W/O SRI ARUN CHANDRA CHOUDHURY BOTH ARE RESIDENTS OF AMBARI GUWAHATI 781001 DIST. OF KAMRUP ASSAM

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Advocate for the Petitioner : MR.H NATH

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Advocate for the Respondent : MR.A DAS R- 1and2

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Page No.# 2/3

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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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O R D E R

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06.09.2019

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Heard Mr. BD Deka, learned counsel appearing for the appellants and Mr. NC Das, learned senior counsel appearing for the respondents.

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Without going into the details of the factual background of the dispute at hand, we take note of that an arbitral dispute was raised by the respondents herein claiming certain compensation for the delay in handing over the apartments by the appellants builder. By the arbitral award dated 15.06.2011, an amount of Rs.19,95,000/- was awarded against the present appellants.

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Being aggrieved, the appellants preferred an application under Section 34 of the Arbitration and Conciliation Act, 1996 before the learned Additional District Judge, FTC No.3, Kamrup(M), which was registered as Misc Arbitration Case No.412/2011. By the judgment dated 18.03.2014, the petition preferred by the appellants under Section 34 stood rejected, meaning thereby that the awarded amount by the arbitrator is required to be paid by the appellants. Being aggrieved by the judgment dated 18.03.2014, by which their petition under Section 34 was rejected, the present appeal has been preferred.

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In course of the appeal, the parties had arrived at a settlement between themselves and have agreed that the payments would be made by the appellants to the respondents in the following manner:-

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PROPOSED TIME SCHEDULE FOR PAYMENT OF THE SETTLEMENT AMUNT BY THE APPELANT

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Instalment	Date on or before which the instalment amount is	Instalment amount(in Rs)
No	to bepaid
1	20.10.2019	4,00,000/-
2	15.11.2019	2,00,000/-
3	08.12.2019	2,00,000/-
4	29.12.2019	2,00,000/-

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Page No.# 3/3

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5	20.01.2020	2,00,000/-
	Total	12,00,000/-

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Although the presentation of the proposed time schedule for payment has been filed by the appellants, but Mr. NC Das, learned senior counsel for the respondents agrees to it.

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Accordingly, we closed this appeal by incorporating the settlement arrived at by the parties. As it is agreed upon that the payment would be made as per the schedule of payments provided herein above, it is directed that the appellants shall scrupulously follow the said proposed time schedule and pay the required amount stated therein within the time frame provided for the purpose.

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Accordingly, the first instalment of Rs.4,00,000/- be paid on or before 20.10.2019 and so on as provided in the proposed time schedule for payment.

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It is provided that the appellants would pay the respondents a total amount of Rs.12,00,000/- as agreed upon and the payment schedule as indicated above would be scrupulously followed, or else it can be construed to be a violation of an undertakings.

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The appeal stands disposed of in the above terms.

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Return the LCR immediately.

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JUDGE

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Comparing Assistant

M/S. Adharshilla and Anr. v. Arun Ch. Choudhury and Anr.

Case brief

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M/S. Adharshilla and Anr. v. Arun Ch. Choudhury and Anr.

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