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Calcutta High Court

Magma Fincorp Limited vs Pritesh Arvind Dalvi & Anr on 10 June, 2013

Author: Sanjib Banerjee

Bench: Sanjib Banerjee

                                          ORDER SHEET
                                         AP 980 OF 2012

                                IN THE HIGH COURT AT CALCUTTA

                           Ordinary Original Civil Jurisdiction

                                          ORIGINAL SIDE




                                    MAGMA FINCORP LIMITED

                                               Versus

                                 PRITESH ARVIND DALVI & ANR.



     BEFORE:

     The Hon'ble JUSTICE SANJIB BANERJEE

     Date : 10th June, 2013.

                                                                  Mr. K.K. Pandey, Adv. appears.


                                The Court : The respondents are not represented despite

previous service. The petitioner reports that an award has been passed in the petitioner's favour on March 12, 2013.

Since the award is likely to be executable in the near future, A.P. No.980 of 2012, which is a petition under Section 9 of the Arbitration and Conciliation Act, 1996, is disposed of by confirming the subsisting order of injunction which will, however, not prevent the respondents from using the asset in the usual course of business unless interdicted by an order of an appropriate forum. The receiver stands discharged without being required to file any accounts. There will be no order as to costs.

Urgent certified photocopies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(SANJIB BANERJEE, J.) tk