Petition for Extension of Stay of the Arbitral Award dated 18-03-2025

 

In the Court of the Learned District Judge, Alipore, South 24 Parganas

 

                                                Misc. Case (Arb.) No.    76 of 2025

                  

                                                          In the matter of ;

Subhajit Shome,

__________Petitioner

 

-          Versus –

 

Tata Capital Limited, & Others,

          _______Respondents

 

Petition for Extension of Stay of the Arbitral Award dated 18-03-2025;

 

The humble petition of the above named Petitioner, most respectfully;

 

Showeth as under;

 

1.   That the Petitioner has instituted the present Misc. Case (Arb.) No. 76 of 2025 under Section 34 of the Arbitration & Conciliation Act, 1996, challenging the Impugned Arbitral Award dated 18.03.2025 passed by the Ld. Arbitrator in Arbitration Case No. TCL/4238/2024 concerning Loan Account No. TCFPL0540000012652644.

 

2.   That the said Section 34 petition is still pending adjudication before this Hon’ble Court.

 

3.   That along with the filing of the Section 34 petition, the Petitioner also filed an application under Section 36(2) of the Act praying for stay of operation of the impugned arbitral award.

 

4.   That upon consideration of the above, the Learned District Judge, South 24-Parganas, Alipore, was pleased to pass Order No. 02 dated 24.09.2025, whereby the operation, execution, and enforcement of the impugned arbitral award dated 18.03.2025 was stayed till 18.11.2025, in view of the intervening Puja vacation.

 

5.   That the said interim stay was granted on merits, after considering the grounds taken in the stay petition, and after finding a prima facie case in favour of the Petitioner.

 

6.   That in strict compliance with the said Order No. 02 dated 24.09.2025, the Petitioner, through his Learned Advocate, duly served the Respondents with a forwarding letter dated 25.09.2025 enclosing therewith (a) Copy of the Section 34 petition, (b) Copy of the Section 36(2) application, and (c) Copy of the Order dated 24.09.2025. Service was properly effected through Speed Post with A/D and postal receipts have been annexed as Annexure–P/1, therein.

 

7.   That the Petitioner has thus fully complied with all the statutory requirements and directions of this Hon’ble Court.

 

8.   That the interim stay granted by this Hon’ble Court is scheduled to expire on 18.11.2025.

 

9.   That the Section 34 proceedings have not been finally heard or adjudicated yet, and substantial questions of law and fact arising out of the impugned arbitral award remain pending consideration.

 

10.              That unless the interim stay already granted is extended until final disposal of the Section 34 petition, the Respondents may proceed to execute the impugned award, causing grave, irreparable loss, injury, and prejudice to the Petitioner.

 

11.              That the impugned award has been challenged on strong, arguable, and bona fide grounds, including (a) Non-application of mind; (b) Violation of principles of natural justice; (c) Patent illegality on the face of the award; (d) Arbitrary quantification and computation of alleged dues; (e) Failure of the Ld. Arbitrator to consider material evidence; and (f) Contravention of statutory provisions and binding precedents. In such circumstances, continuation of the stay is absolutely necessary.

 

12.              That the balance of convenience overwhelmingly lies in favour of continuing the stay, because allowing enforcement of the award during pendency of challenge would render the Section 34 proceedings infructuous.

 

13.              That this Hon’ble Court has ample power under Section 36(3) read with Section 151 CPC to extend, modify, or continue the stay of the award in the interest of justice.

 

 

 

 

In the above facts and circumstances, the Petitioner humbly prays that this Hon’ble Court may graciously be pleased to;

 

a)       Extend the stay of operation, execution, and enforcement of the Arbitral Award dated 18.03.2025, earlier granted vide Order No. 02 dated 24.09.2025, until the final disposal of the Section 34 petition;

 

b)      Pass such further or other order(s) as this Hon’ble Court may deem fit and proper in the interest of justice.

 

And for this act of kindness, the Petitioner as in duty bound shall ever pray.

 

Verification

 

I, Subhajit Shome, being the petitioner, made this application. I am acquainted & conversant with the material facts as stated in the foregoing paragraph. I verify and sign this application on 18^th day of November’ 2025, at the Alipore Judges’ Court, South 24 Parganas.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Affidavit

I, Subhajit Shome, Son of Sri Subir Kumar Shome, aged about 43 years, by faith Hindu, by Occupation presently unemployed, residing at Premises being No. 9A, Mahendra Road, Bhawanipore, Kolkata – 700025, and also at Premises No. 5A, Robinson Street, Park Street Area Landmark, Kolkata – 700017, West Bengal, do hereby solemnly affirm and says as follows;

1.   I am the Petitioner in the present Misc Case (Arb.) instituted by me against the Respondents. I am acquainted and conversant with the material facts. I am competent to swear this affidavit.

This is true to the best of my knowledge & belief.

 

2.   That the statement made in the paragraph no. 1 to 8, are true to my knowledge and belief and the rests are my humble submissions before the Hon’ble Court.

 

That the above statements are true to the best of my knowledge and belief.

 

 

DEPONENT

Identified by me,

 

Advocate

 

Prepared in my chamber,

 

 

Advocate

Date : 18^th November’ 2025;

Place : Alipore Judges’ Court

 

 

 

N O T A R Y