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Calcutta High Court

S.R.L vs Nicco Corporation Limited on 3 June, 2014

Author: Sanjib Banerjee

Bench: Sanjib Banerjee

                               AP No.388 of 2012

                        IN THE HIGH COURT AT CALCUTTA
                    Ordinary Original Civil Jurisdiction
                                ORIGINAL SIDE




                                     PRYSMIAN CAVI E SISTEMI ENERGIA
                                     S.R.L
                                             -Versus-

                                     NICCO CORPORATION LIMITED

                                                                       Appearance:
                                                       Mr. Budhisatta Biswas, Adv.
                                                            ...for the petitioner.

       BEFORE:
       The Hon'ble JUSTICE SANJIB BANERJEE

       Date : June 3, 2014.


              The Court : The petitioner says that a reference pertaining to the

respondent is pending under the Sick Industrial Companies (Special Provisions)

Act, 1985 before the Board for Industrial and Financial Reconstruction and, as such, the present petition for enforcement of a foreign award cannot be pursued during the pendency of such reference.

A.P.No.388 of 2012 will now appear in the monthly list of September, 2014 with liberty to the petitioner to seek an early listing if the reference is concluded or if the embargo under Section 22(1) of the said Act of 1985 is no longer relevant.

(SANJIB BANERJEE, J.) A/s.