Mounthill Realty Private Limited vs Calcutta Engineers & Builders ...
2022 Latest Caselaw 2707 Cal

10.05.2022
Sl. 5                (Via Video Conference)
Ct.No. 37
Amalranjan
             IN THE HIGH COURT AT CALCUTTA
              CIVIL APPELLATE JURISDICTION
                     APPELLATE SIDE


               FMAT (ARBAWARD)/20/2022

                            With
                         CAN/1/2022

               Mounthill Realty Private Limited
                             Vs.
        Calcutta Engineers & Builders Private Limited

                 (COMMERCIAL DIVISION)


              Mr. Reetobrata Mitra
              Mr. Abhishek Sikdar
              Mr. Soumen Halder
              Ms. Pallavi Ray
                                 ...for the appellant/petitioner

              Mr.   Abhrajit Mitra, Sr. Adv.
              Mr.   Debraj Sahu
              Mr.   Snehashis Sen
              Mr.   Abhishek Banerjee
                                               ...for the respondent

Re: CAN/1/2022

We have examined the report of the Joint

Special Officers.

We have heard learned counsel appearing

for the parties.

It is submitted that the Flat no. 1/1A has

already been sold out to a third party.

It is submitted by Mr. Reetobrata Mitra,

learned counsel appearing for the appellant that

flats No. 1/3M and 3/GA/2 are in his clients'

ownership and control.

According to the report they are incomplete.

This order will not in any way affect the

undertaking given by the appellant before the

learned tribunal to complete the construction of

these two flats.

By consent of the parties, time to complete

the construction is extended by six months from

date.

Considering the fact that the claimants'

claim is purely monetary in nature and it is

supported by an alleged admission and the

submission of Mr. Abhrajit Mitra, learned senior

counsel appearing for the respondent that no

case of attachment before judgment has been

made out, we direct that the appellant shall not

alter the status quo regarding ownership or

possession of flats No. 1/3M and 3/GA/2 in

Mounthill Essence Project without the leave of

the learned arbitral tribunal or a court of law.

As flat no. 1/1A is already disposed of, we

vacate the injunction with regard to the said

property.

We also make it clear that this is the only

interim order, which is now operative.

On the failure of the appellant to carry out

their undertaking, it shall be open to the

respondents to seek further orders of protection.

Nothing remains in this appeal. The appeal

FMAT (ARBAWARD) 20 of 2022 and the

connected application CAN/1/2022 are disposed

of.

( Aniruddha Roy,J. ) ( I. P. Mukerji,J. )