Mautitius Limited And Anr vs Jagrati Trade Services Private
2025 Latest Caselaw 3501 Cal/2

Calcutta High Court

Mautitius Limited And Anr vs Jagrati Trade Services Private on 16 December, 2025

Author: Debangsu Basak

Bench: Debangsu Basak

OCD-1
                              APOT/321/2025
                           IA No.GA-COM/1/2025

                    IN THE HIGH COURT AT CALCUTTA
                       Commercial Appellate Division
                              Original Side


                                      STARLIGHT REAL ESTATE (ASCOT)
                                      MAUTITIUS LIMITED AND ANR.

                                               -VERSUS-

                                      JAGRATI TRADE SERVICES PRIVATE
                                      LIMITED AND ANR.

BEFORE :
THE HON'BLE JUSTICE DEBANGSU BASAK
             And
THE HON'BLE JUSTICE MD. SHABBAR RASHIDI
Date : 16th December, 2025.

                                                                         Appearance:
                                                          Mr. Aman Hingorani, Adv.
                                                   Mr. Dibesh Kumar Dwivedi, Adv.
                                                           Mr. Jehan Fouzdar, Adv.
                                                                 ...for the appellant.

                                                         Mr. Mainak Bose, Sr. Adv.
                                                      Mr. Jay Kumar Surana, Adv.
                                                    Mr. Deokinandan Sharma, Adv.
                                                          ...for the respondent no.1.

The Court :- Appeal is directed against judgment and order dated

November 16, 2025 passed in IA No.GA/1/2020 in EC-COM/127/2024. By

the impugned judgment and order learned Single Judge dismissed the

application under Order XXI Rule 58 of the Code of Civil Procedure, 1908 read

with Section 36 of the Arbitration and Conciliation Act, 1996 filed by the

appellant.

According to the appellant, the award which was put into execution

in EC-COM/127/2024 is a product of fraud.

Learned senior advocate appearing for the award-holder submits that

a substantial portion of the award impugned is presently with the award-

holder. Appeal is not maintainable.

Balance apparently is with the Receiver.

Issues raised in the appeal requires hearing.

Without prejudice to the issue of maintainability of the appeal,

appellant will prepare informal paper book incorporating all paper books used

before the learned Single Judge.

List the appeal in the monthly list of February, 2026.

Informal paper books be circulated amongst the appearing parties by

January 31, 2026. Notice of appeal is waived by the appearing respondents.

Parties are at liberty to approach the Court with regard to the money

lying with the learned Receiver. The Receiver may not disburse the sum lying

with him without the leave obtained from the appeal Court.

(DEBANGSU BASAK, J.)

(MD. SHABBAR RASHIDI, J.)

A/s.