M/S. Karam Enterprise And Ors vs M/S. Bengal Ultimate Resort Llp ...
2023 Latest Caselaw 57 Cal/2

ODC 28

                            ORDER SHEET
                             AP/831/2022
                   IN THE HIGH COURT AT CALCUTTA
                 ORDINARY ORIGINAL CIVIL JURISDICTION
                        COMMERCIAL DIVISION



                   M/S. KARAM ENTERPRISE AND ORS.
                                 VS
              M/S. BENGAL ULTIMATE RESORT LLP AND ORS.



 BEFORE:
 The Hon'ble JUSTICE SHEKHAR B. SARAF
 Date: 5th January, 2023.


                                                                     Appearance:
                                               Ms. Hashnuhana Chakraborty, Adv.
                                                      Ms. Neelina Chatterjee, Adv.
                                                  Mr. Suvodeep Chakraborty, Adv.

                                                          Mr. Subhradip Roy, Adv.
                                                      Mr. Satyaki Chaudhuri, Adv.



    The Court: Heard counsel appearing on behalf of the parties.         Counsel

 appearing on behalf of the respondents wishes to file an affidavit in this

matter. Accordingly, let affidavits be exchanged. Let affidavit-in-opposition be

filed within a period of four weeks from date; reply thereto, if any, within two

weeks thereafter.

Considering the fact that this is an unilateral appointment and hit by the

judgments in Perkins Eastman Architects v. HSCC (India) Limited reported in

(2019) 9 SCC Online SC 1517 and in TRF Limited v. Energo Engineering Projects

Ltd. reported in (2017) 8 SCC 377, I am of the view that the arbitration

proceeding should be stayed till the disposal of this application.

Accordingly, the arbitration proceeding is stayed till the disposal of this

application.

(SHEKHAR B. SARAF, J.) B.Pal