Calcutta High Court (Appellete Side)
M/S. Ritman Commercial Pvt. Ltd. And ... vs The State Of West Bengal And Others on 5 August, 2013
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
1
Serial. 56
August 5, 2013.
SG
W.P. No. 22687 (W) of 2013
M/s. Ritman Commercial Pvt. Ltd. and another
-versus-
The State of West Bengal and others
Mr. Lutful Haque
... for the petitioners.
Mr. Rajendra Chaturvedi
... for the State.
Mr. Amal Kumar Saha
Ms. Shreya Ghosh
...for the wife of respondent no.6.
There does not appear to be any merit in the petition.
The petitioners complain of wrongful activities by the private respondents without even being aware of the fact that the private respondent no. 6 has died on January 21, 2010. Some of the other private respondents have supplied the date.
The grievance of the petitioners is that upon the private respondents acting in derogation of an agreement, the petitioners applied before a civil court under Section 9 of the Arbitration and Conciliation Act, 1996 since the agreement was governed by an arbitration clause. The petitioners apparently obtained an order of injunction against the private respondents and now complain that the police authorities have not taken steps in terms of the order obtained by the petitioners under Section 9 of the 1996 Act.
2Since the petitioners complain of the breach of the subsisting order by the private respondents, it is open to the petitioners to approach the appropriate civil court for any further orders that the petitioners may seek, including a direction on the police authorities to ensure the compliance of any subsisting order in favour of the petitioners.
WP No. 22687 (W) of 2013 is disposed of without going into the merits of the petitioners' charges against the private respondents.
There will be no order as to costs.
Certified website copies of this order, if applied for, be urgently made available to the parties, subject to compliance with all requisite formalities.
(Sanjib Banerjee, J.)