Calcutta High Court (Appellete Side)
Forum Projects Pvt. Ltd vs Gaurav Karnani And Ors on 24 January, 2025
FMAT- 19 of 2025
24.01.2025
Item no. 26
Court No.50
FORUM PROJECTS PVT. LTD.
Vs.
GAURAV KARNANI AND ORS.
Ld. Advocate Ms. Piyali Pan appears for
appellant.
Ld. Counsel for the appellant submits
that she will put the D.C.F as and when
directed by this court.
Ld. Counsel further submits that the
instant case has been preferred against the
order passed under Section 9 of 'Arbitration &
Conciliation Act' against the Arbitral Award.
Ld. Counsel thus, submits that the
instant appeal should be classified as "FMAT"
only.
Perused the office report dated
22.01.2025.
It transpires from the office report that
following defects in the instant appeal is still
subsisting:
1.Proper court fees being Rs. 500/-, the instant appeal is preferred with Court fees of Rs. 100/- only, leaving a deficit of Rs. 400/-.
2. Not in form as the certified copy of the impugned order of the Ld. Trial Court has not been filed with the memo of appeal.
3. The instant appeal has arisen from an order passed in a Misc. Case (ARB) No. 89 of 2024. The instant appeal is wrongly classified and instituted as 'FMAT' instead of "FMAT (ARBAWARD)"
In view of the submission made before this court, since, there is a question of D.C.F, the Ld. Advocate for the appellant is hereby directed to put the D.C.F by 27th January, 2025 positively, and will also remove the defect no. 2 as regards the certified copy of the Ld. Trial Court within the time as stipulated hereinabove. Since, it is submitted before this court, that the instant appeal has been preferred against the order passed under Section 9 of the 'Arbitration & Conciliation Act', the concerned department is hereby directed to revisit the report as regards defect no. 3 only by the next date.
Let, the matter appear on 30.01.2025.
(Nabanita Ray) Registrar Administration (L&OM)