OC 3
ORDER SHEET
AP/417/2020
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL CIVIL JURISDICTION
COMMERCIAL DIVISION
AMIT KUMAR GUPTA
VERSUS
DIPAK PRASAD
BEFORE:
The Hon'ble JUSTICE DEBANGSU BASAK
Date: 11th January, 2021.
(Via Video Conference)
Appearance:
Mr. Jishnu Chowdhury, Adv.
The Court: The hearing of the petition under Section 29A of the Arbitration and
Conciliation Act, 1996 was concluded on January 6, 2021 and judgment reserved.
The attention of the Court was drawn, in another matter, to an order of a
coordinate Bench dated December 22, 2020, passed in IA No.GA/2/2020 in
AP/243/2020 (HANUMANDASS RAJKUMAR PVT. LTD. VS. TRILOK KUMAR JHA) which
is of the view that, an application under Section 29A of the Act of 1996 is premature
given the orders dated March 23, 2020 and July 10, 2020 passed by the Supreme Court
in Suo Moto Writ Petition (Civil) No.3 of 2020.
Upon noticing such judgment and order, the Court directed the present
application to be placed as 'To Be Mentioned' in the list. Pursuant to such direction, the
matter appeared in the list on January 8, 2021 when the petitioner and the respondent
were represented. Attention of the learned advocates for the parties was drawn to the judgment and order dated December 22, 2020 of the coordinate Bench and the learned 2 advocates were permitted to make their respective submissions thereon. Learned Advocates made their respective submissions.
Today, none appears for the respondent.
Learned advocate appearing for the petitioner submits that, the issue as to whether, the petition under Section 29A of the Act of 1996 is maintainable in this High Court given the fact that there is a petition under Section 9 of the Act of 1996 pending before the Alipore Court be decided. In the event the Court is of the view that it has jurisdiction on the Section 29A petition, then, appropriate orders may be passed in light of the judgment and order dated December 22, 2020.
In such circumstances, it would be appropriate to conclude the hearing of the application and reserve judgment.
Hearing concluded and judgment reserved.
(DEBANGSU BASAK, J.) B.Pal