Ashok Kumar Gupta vs M.D. Creations And 2 Ors on 13 April, 2021

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Calcutta High Court

Ashok Kumar Gupta vs M.D. Creations And 2 Ors on 13 April, 2021

Bench: Debangsu Basak

OC 6

                                       ORDER SHEET

                                        AP/176/2021

                          IN THE HIGH COURT AT CALCUTTA
                        ORDINARY ORIGINAL CIVIL JURISDICTION
                               COMMERCIAL DIVISION


                                  ASHOK KUMAR GUPTA
                                        VERSUS
                               M.D. CREATIONS AND 2 ORS.



  BEFORE:
  The Hon'ble JUSTICE DEBANGSU BASAK
  Date: 13th April, 2021.

  (Via Video Conference)


                                                                                   Appearance:
                                                                   Mr. Swatarup Banerjee, Adv.
                                                                       Mr. Farhan Ghaffar, Adv.
                                                                   Mr. Md. Wasim Akram, Adv.


       The Court: In this application under Section 9 of the Arbitration and Conciliation

Act, 1996, the petitioner seeks interim protection.

       Learned advocate appearing for the petitioner submits that leave and base

agreement was entered into between the parties on June 27, 2019 which contains an

arbitration clause. He submits that, the leave and base period expired. The petitioner

issued a notice. The respondents initially agreed to make over possession of the shop

room to the petitioner. In view of such assurance, the petitioner did not encash the cheques issued by the respondents. Subsequently, however, the respondents issued an email dated April 29, 2020 and filed a proceeding under Section 144 of the Criminal Procedure Code. The respondents also applied for separate electricity connection. He prays for orders in terms of prayer (a) and (c) of the petition.

None appears for the respondents.

The petitioner attempted service. The tag report shows that the postal delivery envelope was returned as refused.

The petitioner referred the disputes arising between the parties to arbitration by a writing dated April 12, 2021, which is subsequent to the filing of the present application.

It appears from the records made available that there is a clause for arbitration contained in the leave and lease agreement. It would, therefore, be appropriate to put in place measures so as to protect and preserve the subject matter of arbitration.

In such circumstances, there will be an order of injunction restraining the respondents from creating any third party right over and in respect of the shop room no.4 lying and situated at premises no. 28/2 Shakespare Sarani, Kolkata-700 017 without obtaining prior leave of the Court.

Mr. Raja Ghosh, Advocate, Phone No. 9830867279 is appointed as the Receiver in terms of prayer (c) of the petition. The learned Receiver will take symbolic possession of the shop room. The learned Receiver will not disturb the possession of any person of such shop room. The receiver will be paid an initial remuneration of 3000 GMs by the petitioner at the first instance.

List the application under the same heading on April 27, 2021.

(DEBANGSU BASAK, J.) B.Pal

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Calcutta High Court