Calcutta High Court
APO/120/2020 of THE CHIEF GENERAL MANAGER(TECH) AND REGIONAL OFFICE , NHAI AND ORS Vs M/S KAMALA TEA COMPANY LIMITED ,DARJEEING on 6 August 2026
COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION ORIGINAL SIDE BEFORE: The Hon’ble Justice Ravi Krishan Kapur And The Hon’ble Justice Chaitali Chatterjee (Das) APO/120/2020 IA NO: GA/1/2020 THE CHIEF GENERAL MANAGER(TECH) AND REGIONAL OFFICE , NHAI AND ORS VS M/S KAMALA TEA COMPANY
OD-1
IN THE HIGH COURT AT CALCUTTA
CIVIL APPELLATE JURISDICTION
ORIGINAL SIDE
BEFORE:
The Hon’ble Justice Ravi Krishan Kapur
And
The Hon’ble Justice Chaitali Chatterjee (Das)
APO/120/2020
IA NO: GA/1/2020
THE CHIEF GENERAL MANAGER(TECH) AND
REGIONAL OFFICE , NHAI AND ORS
VS
M/S KAMALA TEA COMPANY LIMITED ,DARJEEING
For NHAI
: Mr. Shamit Sanyal, Advocate
Ms. Manika Roy, Advocate
Mr. Atanu Sur, Advocate
For the respondent no. 1
: Mr. B. Kumar Dey, Advocate
Ms. A. Banerjee, Advocate
Heard on
: 06.08.2026
Judgment on
: 06.08.2026
Ravi Krishan Kapur, J.:
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1. The instant appeal is directed against an ad interim order dated 27 November 2019. The parties were directed to exchange affidavits. It has been recorded in the impugned order as follows; “In the above view of the matter, the respondents/NHAI are under an obligation under the 1956 Act to deposit the compensation amount, including the enhanced compensation, with the CA not later than a period of four weeks from the date of communication of this order.”
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2. It is submitted on behalf of the appellant NHAI that during the pendency of this appeal, the award dated 7 May 2019, which forms the bedrock of the writ petition has been set aside.
3. A copy of the order dated 4 September 2024, passed by the Court of the District Judge, Darjeeing, inter alia, allowing Mis- Case 10 of 2019 on contest is also kept with the records.
4. In view of the admitted fact that the award dated 7 May 2019 has been set aside, nothing survives in this writ petition. WP 430 of 2019 is dismissed as infructuous. The consequential appeal, being APO 120 of 2020 along with the pending interlocutory application being GA/1/2020 is also dismissed.
5. It is made clear that there has been no adjudication on the merits of the case and all issues are left open to be decided in the proceedings before the Arbitrator in accordance with law.
6. The writ petitioner submits that all these facts should be placed by way of a Supplementary Affidavit and the matter be kept pending before the Trial Court. Such submission is outrightly rejected. A copy of the award is also handed over to the Advocate of the writ petitioner in Court today. (RAVI KRISHAN KAPUR, J.) (CHAITALI CHATTERJEE (DAS), J.) SK.