Patna High Court

IndiaversusAfcons Infrastructure Limited

Decided: 5 January 2026
Disposal: DISMISSED
Bench: RAJEEV RANJAN PRASAD SHAILENDRA SINGH

Holding

The appeal was deemed infructuous and disposed of because the appellants had already paid the full award amount.

Summary

The Union of India and related railway authorities appealed against a condition imposed by the trial court that they deposit 80% of the arbitration award in Miscellaneous Arbitration Case No. 37 of 2018. The respondents, Afcons Infrastructure Limited, informed the court that the appellants had already paid the entire award amount. The appellants did not dispute this payment. Since the full award had been satisfied, the condition to deposit 80% became moot. The court held that the appeal had become infructuous. Consequently, the appeal was disposed of without further adjudication.

Issues considered

Whether the condition imposed by the trial court to deposit 80% of the arbitration award is enforceable against the appellants

Subjects

Arbitration
Award payment
Deposit condition
Appeal infructuous
Railway
Commercial appeal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  COMMERCIAL APPEAL No.2 of 2020
                 ======================================================
           1.     Union of India, the Secretary, Ministry of Railways, Rail Bhawan, New
                  Delhi-110 001.
           2.    The Chairman, Railway Board, Ministry of Railways, Rail Bhawan, New
                 Delhi-110 001.
           3.    The General Manager, East Central Railway, Hajipur, District- Vaishali
                 (Bihar), Pin-844 101.
           4.    The Chief Engineer, East Central Railway, Mahendrughat, District-Patna,
                 Pin-800 004.
           5.     The Deputy Chief Engineer, Construction, East Central Railway,
                  Mahendrughat, District-Patna, Pin-800 004.
                                                                                 ... ... Appellants
                                                       Versus
                  Afcons Infrastructure Limited a company registered under Companies Act,
                  1956 with its registered office situated in the State of Maharasthra at Afcons
                  House, 16, Shah Industrial Estate, Veera Desai Road, Azad Nagar Post
                  Office, P.O. Box No. 17978, Andheri (W), Mumbai-400 053, through its
                  Authorized Signatory Mr. G.C. Sinha Roy, AGM (Execution).
                                                                               ... ... Respondent
                 ======================================================
                 Appearance :
                 For the UoI             :       Mr. Satyabir Bharti, Senior CGC
                                                 Mr. Anwar Karim, CGC
                                                 Mr. Abhishek Aanand, Advocate
                 For the Respondent      :       Mr. Raju Giri, Senior Advocate
                                                 Mr. Harsh Vardhan, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
                         and
                         HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

4   05-01-2026                  Mr. Raju Giri, learned Senior Counsel for the

                   Respondent has informed this Court that during pendency of the

                   present appeal, the appellants have already paid the entire award

                   amount. It is not disputed by learned counsel for the appellants.

                                2. So far as this appeal is concerned, it was filed

                   limited to a challenge to the condition put by the learned court
          Patna High Court COMMERCIAL APP No.2 of 2020(4) dt.05-01-2026
                                                   2/2




                   hearing the Miscellaneous (Arbitration) Case No. 37 of 2018 to

                   deposit 80% of the awarded amount.

                               3. Since the payment has already been paid, this

                   appeal has become infructuous and is being disposed of

                   accordingly.



                                        (Rajeev Ranjan Prasad, J)


                                            (Shailendra Singh, J)
lekhi/-

U

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