C&Cr vs Jayanti Cinema Private Limited
2022 Latest Caselaw 8478 Cal

19.12.2022 Item No.20 Ct. No.7 CHC

C.O. 3292 of 2022

Downtown Temptations Private Limited C&CR

Vs.

Jayanti Cinema Private Limited

Mr. Sounak Bhattacharya, Mr. Abhirup Haldar ...for the petitioner/ Judgment debtor

Mr. Gourav Purakayastha, Ms. Mudrika Khaitan ...for the opposite party/ Decree holder

Subject-matter of challenge in this case is against

the order dated 20th September, 2022, passed by

learned Judge, Commercial Court, at Rajarhat, in

Misc. (Arbitration) Execution No.06 of 2021 (CC),

rejecting the maintainability petition filed by the

petitioner/judgment debtor.

Admittedly, there has been an application filed

under Section 34 of the Arbitration Act disputing with

the award granted in this case. The said matter is in

the midst of hearing.

In the meantime, the award holder/opposite party

filed an application under Order 21 Rule 11 C.P.C.

praying for attachment of the properties mentioned in

the schedule of the petition.

Mr. Bhattacharya, learned advocate appearing for

the petitioner submits that the court below has not

properly gone into the facts presented and being

oblivious of pendency of a matter under Section 34 of

the Arbitration Act before the concerned court, has

rejected the maintainability petition filed by the award

debtor.

It is thus submitted by Mr. Bhattacharya that

pending decision of the application under Section 34

of the Arbitration Act, attachment order, if passed

and given effect to there by, serious prejudice will be

caused to the award debtor, and in that event there

will be nothing left for adjudication any more in

connection with an application under Section 34 of

the Arbitration Act.

Per contra, Mr. Gourav Purakayastha, learned

advocate appearing for the opposite party/award

holder submits that there has been no stay granted in

an application under Section 34 of the Arbitration Act.

In the absence of any stay, the court below was

justified to reject the petition challenging the

maintainability of the proceedings, pending before the

executing court below.

The arguable point thus involved in this case, as

mentioned hereinabove, needs to be addressed

touching upon the merits of the case.

In the meantime, the attachment order, if any

passed, may not be given effect to, till the end of

January, 2023.

List the matter in the third week of January, 2023.

(Subhasis Dasgupta, J.)