Srei Equipment Finance Limited vs Avarsekar Realty Private Limited
2023 Latest Caselaw 2736 Cal/2

OCD-2
                                 ORDER SHEET
                       IN THE HIGH COURT AT CALCUTTA
                        Ordinary Original Civil Jurisdiction
                                 ORIGINAL SIDE
                              (Commercial Division)

                                  AP/387/2023

                      SREI EQUIPMENT FINANCE LIMITED
                                   VS
                     AVARSEKAR REALTY PRIVATE LIMITED


  BEFORE:
  The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA
  Date : 29th September, 2023.
                                                                            Appearance:
                                                         Mr. Reetobroto Kr. Mitra, Adv.
                                                             Mr. Aditya Kanodia, Adv.
                                                          Mr. Sourojit Dasgupta, Adv.
                                                             Ms. Suparna Sarkar, Adv.
                                                                    ...for the petitioner

                                                                 Mr. K.R. Thaker, Adv.
                                                                Ms. Aasia Hasan, Adv.
                                                                  ...for the respondent

The Court:- The respondent is represented.

The petitioner, through learned counsel, seeks extension of the relief

granted to the petitioner by way of the judgment dated 1st September, 2023 till

formation of the Arbitral Tribunal.

The Report of the learned Receiver was filed in Court on 25th September,

2023 and has been circulated between the parties. The application under

Section 9(1) was disposed of by the judgment dated 1st September, 2023. The

judgment did not mention filing of a Report by the learned Receiver after taking

symbolic possession of the properties which forms subject matter of the

dispute. The matter was brought to the list at the instance of the leaned

Receiver who sought to file the Report. It was at the stage that the petitioner

sought for continuation of the interim order of symbolic possession.

Although the application was disposed of by way of the judgment,

paragraph 16 thereof reflects an open-ended interim order. This open-

endedness must be closed by confirming the interim order and continuing the

same until formation of the Tribunal or eight weeks from today or three weeks

after formation of the Arbitral Tribunal, whichever is earlier.

Since there is no application before this Court, nothing further remains

in the matter.

(MOUSHUMI BHATTACHARYA, J.)

T.O.

A.R.(C.R.)