Calcutta High Court
Spml Infra Limited vs Pcc Logistics Private Limited And Anr on 18 November, 2024
Author: Soumen Sen
Bench: Soumen Sen
OCD-6
ORDER SHEET
APOT/369/2024
WITH
CS-COM/770/2024
IA NO: GA-COM/1/2024
IN THE HIGH COURT AT CALCUTTA
Civil Appellate Jurisdiction
ORIGINAL SIDE
(Commercial Division)
SPML INFRA LIMITED
VERSUS
PCC LOGISTICS PRIVATE LIMITED AND ANR.
BEFORE:
The Hon'ble JUSTICE SOUMEN SEN
AND
The Hon'ble JUSTICE BISWAROOP CHOWDHURY
Date : 18th November, 2024.
Appearance:
Mr. Swatarup Banerjee, Adv.
Mr. Somdutta Bhattacharyya, Adv.
Mr. Mohit Dang, Adv.
...for the appellant
Mr. Rupak Ghosh, Adv.
Mr. Ayan Dutta, Adv.
Mr. Dilip Kumar Ghosh, Adv.
...for respondent no.1
The Court: Supplementary affidavit filed in Court is taken on record. The appeal is arising out of an order passed ex parte directing the present appellant to secure a sum of approximately Rs.59 lakhs on the basis of an apprehension expressed by the plaintiff that there is a huge debt to be discharged by the appellant arising out of a work contract and in the event the respondent is allowed to sell the two valuable properties at Park Street, the decree that is likely to be passed in the suit may be rendered infructuous. 2
Submissions have been made with regard to the propriety and legality of the order passed by the learned Single Judge ex parte on the very first day and thereafter in refusing to vacate the interim order although it has been strenuously argued that the suit is barred under Section 5 of the Arbitration and Conciliation Act in view of existence of an arbitration agreement in the work order.
After hearing learned counsel, we feel that in the event the appellant secures a sum of Rs.25 lakhs in favour of the respondent and the parties are referred to arbitration, the disputes can be resolved expeditiously.
Mr. Banerjee, on instruction, has submitted that the appellant is willing to furnish security and the matter may be referred to arbitration.
Mr. Rupak Ghosh, learned counsel appearing on behalf of the plaintiff, has prayed for adjournment in order to obtain necessary instruction.
The matter is adjourned till 21st November, 2024 under the heading "For Orders".
(SOUMEN SEN, J.) (BISWAROOP CHOWDHURY, J.) bp/R.Bhar.