Manish Todi vs Pawan Agarwal
2023 Latest Caselaw 3405 Cal/2

Calcutta High Court

Manish Todi vs Pawan Agarwal on 12 December, 2023

Author: Moushumi Bhattacharya

Bench: Moushumi Bhattacharya

OD-1
                                 ORDER SHEET

                      IN THE HIGH COURT AT CALCUTTA
                       Ordinary Original Civil Jurisdiction
                                ORIGINAL SIDE

                                  AP/555/2023

                                  MANISH TODI
                                      VS
                                PAWAN AGARWAL


  BEFORE:
  The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA
  Date : 12th December, 2023.


                                                                           Appearance:
                                                         Mr. Nirmalya Dasgupta, Adv.
                                                             Ms. Priyanka Dhar, Adv.
                                                                   ...for the petitioner

                                                          Mr. Rittick Chowdhury, Adv.
                                                             Mr. Roshan Pathak, Adv.
                                                                   ...for the respondent

The Court:- This matter has been listed at the instance of the parties.

The Court had disposed of the Arbitration Petition by a judgment

delivered on 5th December, 2023 on the point of limitation as argued on behalf

of the respondent. The judgment held in favour of the respondent and the AP

was accordingly dismissed on the ground of maintainability.

Learned counsel appearing for the respondent submits that paragraph 5

of the judgment contains an incorrect statement. The second last line of

paragraph 5 of the judgment should read as "The respondent filed an

application under section 11 of the Act on 19/05/2023 (AP/344/2023) which

was dismissed for default on 09/08/2023".

The line should accordingly be corrected and the correction incorporated

in the judgment. All the other parts shall remain unchanged.

(MOUSHUMI BHATTACHARYA, J.)

bp.