Calcutta High Court
Al Amin Garments Haat Pvt. Ltd vs Jitendra Jain And Anr on 18 October, 2023
Author: Moushumi Bhattacharya
Bench: Moushumi Bhattacharya
OCD-8 & 9
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
(Commercial Division)
SCO/1/2023
AL AMIN GARMENTS HAAT PVT. LTD.
VS
JITENDRA JAIN AND ANR.
AND
IA NO. GA/1/2023
In
AP/124/2023
COSMIC MAPL JV
VS
AL-AMIN GARMENTS HAAT PVT. LTD.
BEFORE:
The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA
Date : 18th October, 2023.
Appearance:
Mr. Rajeev Kumar Jain, Adv.
Mr. Sounak Sengupta, Adv.
Ms. Laila Khatun, Adv.
Ms. Sreyasi Chatterjee, Adv.
Mr. S. N. Mitra, Sr. Adv.
Mr. Rajarshi Dutta, Adv.
The Court: SCO/1/2023 is a petition under Section 340 of The Code of
Criminal Procedure, 1973 whereby the petitioner seeks a preliminary enquiry
into the fraudulent acts of the respondents in connection with AP/124/2023.
2
Learned counsel appearing for the petitioner submits that the respondents are not required to be served and relies on Section 340 for this purpose.
It is also submitted that both the parties had filed separate APs for appointment of Arbitrators which were allowed by The Hon'ble The Chief Justice, sitting singly, on 23rd March, 2023. Counsel submits that the arbitration is presently going on and that the petitioner came to know in the counter-statement filed by the respondents that Cosmic MAPL JV actually comprises of two corporate entities and not two individuals (respondent nos. 1 and 2 before the Court).
GA/1/2023 is an application made in AP/124/2023 for dismissal of AP/124/2023, which was the Arbitration Petition filed by the respondents for appointment of Arbitrator.
Learned counsel submits that service is not complete in this matter. List both these matters on 20th November, 2023. Service to be completed in GA/1/2023 in the meantime.
(MOUSHUMI BHATTACHARYA, J.) R.Bhar