Amit Kumar Gupta vs Dipak Prasad
2021 Latest Caselaw 29 Cal/2

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

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