Quippo Infrastructure Ltd vs A2Z Infraservices Ltd And Anr
2021 Latest Caselaw 96 Cal/2

OD-1
                                   ORDER SHEET

                                    APOT/9/2021
                                        WITH
                                    AP/225/2020
                                  IA No.GA/1/2021

                          IN THE HIGH COURT AT CALCUTTA
                           CIVIL APPELLATE JURISDICTION
                                   ORIGINAL SIDE
                               (COMMERCIAL DIVISION)

                           QUIPPO INFRASTRUCTURE LTD
                                      Versus
                          A2Z INFRASERVICES LTD AND ANR


  BEFORE:
  The Hon'ble JUSTICE I. P. MUKERJI
  The Hon'ble JUSTICE SUBHASIS DASGUPTA
  Date : 2nd February, 2021.

  (Via Video Conference)
                                                                              Appearance:
                                                              Mr. Swatarup Banerjee, Adv.
                                                                   Mr. Sariful Haque, Adv.
                                                                    Mr. Rajib Mullik, Adv.

                                                                  Mr. Utpal Bose, Sr. Adv.
                                                         Ms. Hasnuhana Chakraborty, Adv.
                                                                   Ms. N. Chatterjee, Adv.




       The Court: Prima facie, we are of the opinion that there is no infirmity in the

judgment and order dated 21st January, 2021.

       The subject matter is a works contract. There is a principal contract between

the first respondent and South Delhi Municipal Corporation. There is also a sub-

contract between the said respondent and the appellant petitioner. The sub-contract

was entered into under certain terms and conditions. The material one for the

purpose of this appeal is maintenance of an escrow account by the respondent no.1.

Monies received by the said respondent from South Delhi Municipal Corporation

would be deposited in that account under certain terms and conditions under which

the amount payable under the sub-contract to the appellant/petititioner would be

paid from that account.

The dispute between the parties is with regard to such payments. The

agreement was terminated on 28th May, 2020.

Mr. Banerjee, learned advocate for the appellant petitioner, submits that this

court should enforce the obligation of the first respondent to deposit all sums

received by them from South Delhi Municipal Corporation, into that account.

In our opinion, this would involve the court directing at the interim stage for

specific performance of the agreement and also levying an attachment before

judgment, as rightly pointed out by Mr. Utpal Bose, learned senior advocate for the

first respondent.

Prima facie, in a case of a work contract there is no scope of specific

performance of the agreement. No such case for attachment has been made out at

this stage.

We admit the appeal but refrain from passing an interim order.

As the respondents are represented by learned counsel, issuance and filing of

the notice of appeal are dispensed with.

We expedite hearing of the appeal.

Let informal paper books be filed by learned advocate-on-record for the

appellant by 12th February, 2021, serving a copy thereof upon the advocate-on-

record for the respondents at least seven days before the date of hearing of the

appeal.

We are told that a learned arbitrator has been agreed upon by the parties. We

observe that the resolution of the dispute between the parties can be done by

expeditious conduct and conclusion of the arbitral proceedings before the learned

arbitrator. We make it clear that the arbitral tribunal will be free to proceed despite

pendency of the appeal.

List the appeal for hearing on 23rd February, 2021.

The stay application (IA No.GA/1/2021) is, accordingly, disposed of. The

allegation contained therein are deemed not to be admitted.

(I. P. MUKERJI, J.)

(SUBHASIS DASGUPTA, J.) cs.