Calcutta High Court
Servotech India Ltd vs West Bengal Livestock Development ... on 9 September, 2019
Author: Ashis Kumar Chakraborty
Bench: Ashis Kumar Chakraborty
ORDER SHEET
AP 601/2019
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
SERVOTECH INDIA LTD.
Versus
WEST BENGAL LIVESTOCK DEVELOPMENT CORPORATION LTD.
BEFORE:
The Hon'ble JUSTICE ASHIS KUMAR CHAKRABORTY
Date : 9th September, 2019
Appearance :
Mr.Pradyumna Sinha,
Mr.Suvam Sinha,
Mr.Sidhant Chowdhury, Advs.,
for the petitioner.
Mr.Indranil Ray,
Mr.Dipayan Choudhury,
Mr.Suvradal Choudhury,
Mrs.Priyanka Chowdhury, Advs.,
for the respondent.
The Court : The petitioner has filed this application under Section 9 of the Arbitration and Conciliation Act, 1996 for obtaining an order of injunction restraining the respondent from receiving the proceeds of the performance bank guarantee issued by the State Bank of India on behalf of the petitioner. It, however, appears that during the pendency of this application without the petitioner obtaining any interim order, on September 7, 2019 the bank has forwarded the proceeds of the bank guarantee to the respondent. Thus, the application has become infructuous and the same stands dismissed.
2
It is, however, made clear that this order shall not stand in the way of the petitioner invoking the arbitration agreement between the parties and seek for appropriate relief against the respondent.
With the above directions, the application, AP No.601 of 2019 stands disposed of accordingly.
(ASHIS KUMAR CHAKRABORTY, J.) S.Das/s.pal AR[CR]