Calcutta High Court
Emami Capital Markets Ltd vs Ideal Real Estate Pvt. Ltd. And Anr on 8 October, 2020
Author: Moushumi Bhattacharya
Bench: Moushumi Bhattacharya
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
IA NO. GA/2/2020
In AP/207/2020
EMAMI CAPITAL MARKETS LTD.
Versus
IDEAL REAL ESTATE PVT. LTD. AND ANR.
BEFORE:
The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA
Date : 08th October, 2020.
(Via Video Conference)
Appearance :
Mr. Abhrajit Mitra, Sr. Adv.
Mr. Ajay Gaggar, Adv.
Mr. Shaunak Ghosh, Adv.
Mr. Sreedhar Gaggar, Adv.
Mr. Tanmoy Mukherjee, Adv.
... for the petitioner.
Mr. Samrat Sen, Sr.., Adv.
Mr. Dripto Majumdar. Adv.
Mr. Saubhik Chowdhury, Adv.
Mr. Sukrit Mukherjee, Adv.
... for the respondent.
The Court: The respondent in the application under Section 9 of the Arbitration and Conciliation Act, 1996, has taken a point of maintainability of the arbitration petition which was recorded in an order dated 14th September, 2020 passed by a learned Single Judge of this Court. The said order also extends leave to the respondents to file their affidavits on the point of maintainability of the arbitration petition.
2
Learned Senior Counsel appearing for the respondent submits that by orders dated 25th August, 2020 followed by the order dated 14th September, 2020, the petitioner has been sufficiently protected as the respondents were restrained from dealing with the properties forming the subject matter of the dispute. Counsel submits that the respondent has filed its affidavit-in-opposition to AP 207 of 2020 and the affidavit-in-reply on behalf of the petitioner is awaited. GA 2 of 2020 is the demurer application of the respondent on the point of maintainability where affidavits have not been filed.
Learned Senior Counsel appearing for the petitioners seeks an order for furnishing of particulars by the respondent to indicate the status of the properties in question.
On hearing Counsel appearing for the parties, this Court is of the view that since a point of maintainability has been taken by the respondents, affidavits should be completed in both the application as well as in the arbitration petition and the matters should be taken up for hearing together. The petitioner is at liberty to deal with the particulars already disclosed by the respondent in its affidavit to the arbitration petition. Any prayer for further disclosure can be considered when both the matters are taken up for hearing. Affidavits in both matters should be completed within the long vacation. Let both the matters be listed in the first week after the Court reopens in November, 2020.
3
The affidavit-in-opposition to AP No. 207 of 2020 is filed in Court today and taken on record.
(MOUSHUMI BHATTACHARYA, J.) mg