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Calcutta High Court

Manish Todi vs Pawan Agarwal on 29 August, 2023

Author: Moushumi Bhattacharya

Bench: Moushumi Bhattacharya

OD-4
                                ORDER SHEET

                                 AP/555/2023

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


                                 MANISH TODI
                                     VS
                               PAWAN AGARWAL


  BEFORE:
  The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA
  Date : 29th August, 2023

                                                                        Appearance:
                                                        Mr. Nirmalya Dasgupta, Adv.
                                                                Mr. R. L. Mitra, Adv.
                                                            Ms. Priyanka Dhar, Adv.
                                                                  ...for the petitioner

                                                     Mr. Suddhasatva Banerjee, Adv.
                                                         Mr. Rittick Chowdhury, Adv.
                                                            Mr. Roshan Pathak, Adv.
                                                                  ...for the respondent

The Court: Learned counsel appearing for the parties agreed on the existence of a dispute but not on the fact whether the dispute can be agitated after 12 years from the date of the Agreement.

Counsel appearing for the respondent submits that the petitioner also obtained orders in an application filed under Section 9 of the 1996 Act in 2015 but issued the notice under Section 21 of the Act in July, 2023.

Counsel appearing for the petitioner submits that the present application for appointment was made only on the proposal of the respondent which was 2 given by way of a letter on 9th April, 2023. Counsel also submits that the Award obtained by the respondent was set aside on 28th September, 2022.

List this matter on 6th September, 2023.

Counsel are requested to indicate the relevant dates for assistance of the Court.

Affidavit-of-service is kept on record.

(MOUSHUMI BHATTACHARYA, J.) kc