Authority: Calcutta High Court, Circuit Bench at Port Blair
Order Date: 07 September 2026
Case Overview
- Parties: Administration of Andaman and Nicobar Islands (petitioner) vs M/s HCL Infotech Limited (respondent).
- The petitioner challenged the District Judge’s order dated 09 July 2026 that rejected its application under Section 36(2) of the Arbitration and Conciliation Act, 1996 on the basis of an assurance that no execution steps would be taken until the Section 34 application was disposed.
- The High Court had previously, in its judgment dated 10 December 2025 (CO/64/2025), directed the District Judge to hear the Section 36(2) application on its merits and give the opposite party an opportunity to object.
- The District Judge instead rejected the application relying solely on the advocate’s assurance, contrary to the High Court’s earlier direction.
Final Outcome
- The order dated 09 July 2026 is set aside as it contravenes the High Court’s 10 December 2025 directive.
- The petitioner/decree holder must secure the awarded amount before 12 October 2026, the date fixed for consideration before the executing court in New Delhi.
- If the petitioner fails to secure the amount, the decree holder may proceed with execution of the award.
- The District Judge is directed to dispose of the pending applications under Sections 34 and 36 strictly in accordance with the 10 December 2025 judgment.
- The civil revisional application and the connected application are both disposed of.
- All parties must act on a server copy of this order downloaded from the official Court website.
Topics: Arbitration, Court Order