Gaurav Churiwal vs Concrete Developers Llp And Ors
2024 Latest Caselaw 2673 Cal/2

Calcutta High Court

Gaurav Churiwal vs Concrete Developers Llp And Ors on 22 August, 2024

Author: Sabyasachi Bhattacharyya

Bench: Sabyasachi Bhattacharyya

OCD 16
                             ORDER SHEET
                              EC/283/2023
                    IN THE HIGH COURT AT CALCUTTA
                  ORDINARY ORIGINAL CIVIL JURISDICTION
                         COMMERCIAL DIVISION


                          GAURAV CHURIWAL
                                 VS
                   CONCRETE DEVELOPERS LLP AND ORS .


  BEFORE:
  The Hon'ble JUSTICE SABYASACHI BHATTACHARYYA

Date: 22nd August, 2024.

Appearance:

Mr. Ratnanko Banerji, Sr. Adv.

Mr. Kumarjit Banerjee, Adv.

Ms. Sanchari Chakraborty, Adv.

Ms. Tanishka Khundelwal, Adv.

. . .for the petitioner.

Mr. Sabyasachi Chowdhury, Adv.

Mr. Sayantan Bose, Adv.

Mr. Shounak Mukhopadhyay, Adv.

Ms. Manisha Das, Adv.

. . .for the judgment-debtors.

The Court: Learned counsel appearing for the award-debtors submits that

Special Leave Petitions have been preferred against the orders of this Court

dismissing the award-debtors' appeals under Section 37 of the Arbitration and

Conciliation Act, 1996. Accordingly, an adjournment for a fortnight is prayed for

on behalf of the award debtors.

Learned senior counsel appearing for the award-holder contends that a

similar plea was advanced by the award-debtors on August 6, 2024, when the

matter was last taken up. However, till date no order has been brought from the

Supreme Court by the award-debtors. Accordingly, learned senior counsel

contends that an injunction order should at least be passed with regard to the

assets disclosed in the affidavit of asset.

Leave is granted to the award-debtors to file the affidavit of assets of

award-debtor nos. 4 and 5 in course of the day. The affidavit of asset of the

award debtor nos. 2, 3, 6 and 7 filed today be kept on record.

In view of the previous dismissal of the appeals under Section 37, the

award-debtors are restrained by an order of injunction from dealing with and/or

disposing of the shares disclosed in the affidavit of assets filed by the award

debtor no. 2 to the extent of Rs.6 crores till September 30, 2024 or until further

order, whichever is earlier.

The matter shall next be listed on September 5, 2024 to enable the award-

debtors to obtain orders in connection with the pending SLPs in the meantime. It

is made clear that in the event no such order is passed in the meantime in the

connected SLPs, appropriate orders shall be passed on the next returnable date.

Learned counsel appearing for the award-debtors submits that the flat

disclosed in the affidavit of assets of the award-debtor no.1-Firm is in occupation

of the award-holders. An injunction is sought in respect of the said property as

well.

However, in view of the fact that it is the appeals of the of the award-

debtors under Section 37 which were dismissed by this Court, I do not find any

scope of grant of any injunction on the prayer of the award debtors in respect of

the property in question at this juncture. Accordingly, such prayer is refused.

(SABYASACHI BHATTACHARYYA, J.)

SP/