Hindustan Steelworks Construction Ltd. And ORS v. Arcon Project Pvt. Ltd. And ORS

02-05-2024 Item no.10 CD Subrata Bhattacharyya AR(C)

IN THE HIGH COURT AT CALCUTTA

Civil Appellate Jurisdiction (Commercial Division) FAT No.44 of 2024 Hindustan Steelworks Construction Limited & Ors. -vsArcon Project Private Limited & Ors.

with CAN No.1 of 2024 and CAN No.2 of 2024 Mr. Uday Gupta Mr. Jit Ray Ms. Bishalaxmi Ghosh Mr. Tathagata Deb ...for the appellants Mr. Srijib Chakraborty Mr. Satyaki Mukherjee Mr. Aditya Mondal ...for the respondents The respondents have filed their affidavit-inopposition to the section 5 application (CAN No.1 of 2024).

Upon making due consideration, we find that sufficient cause is made out for not preferring the appeal within time.

We condone the delay and allow the application. We direct the department to formally register the appeal.

We formally admit the appeal. We find that the impugned judgement and order was passed on 30th September 2023. The appeal was filed on 19th February 2024. It has been listed today for admission. The interim application after exchange of affidavits is scheduled to appear before the learned court below on

15th May 2024.

This is an appeal from an ex parte interim order staying termination of a work contract.

At this point of time when the interim application is scheduled for hearing upon exchange of affidavits in the court learned court below, little purpose will be served by this court evaluating whether the ad interim order was passed correctly or not.

We direct that the interim application be disposed of by the learned court below as expeditiously as possible, upon hearing the parties and by a reasoned order, within ten weeks from 15th May 2024. The period covered by the summer vacation of this court be excluded from the calculation of ten weeks. This is so because learned counsel practising in this court would be appearing before the court below.

The existing interim order would continue till disposal of the interim application or until further order, whichever is earlier.

All points are kept open.

The appeal and the stay application - FAT No.44 of 2024 and CAN No.2 of 2024 - are disposed of accordingly, dispensing with all formalities.

[I.P. Mukerji, J] [Biswaroop Chowdhury, J]