M/S Add Truck Commercial Pvt Ltd v. Debanjan Dutta And ORS

25.7.2025 Ct. No. 16 SB RVW 67 of 2025 CAN 1 of 2025 (condonation of delay) CAN 2 of 2025 (appropriate order) Debanjan Dutta & Ors.

Vs.

M/s. Add Truck Commercial Private Limited With FMA 1030 of 2022 M/s. Add Truck Commercial Private Limited Vs.

Debanjan Dutta & Ors.

Mr. Siddhartha Banerjee Mr. Soumajit Majumder ... for the review petitioners Mr. Shounak Mukhopadhyay Mr. Ranjit Singh Ms. Tultul Das Mr. Ratul Das Banerjee ... for the respondent CAN 1 of 2025

1. There is a delay of 25 days in filing the appeal.

2. We are satisfied with the explanation offered for not being able to file the appeal within the period of limitation. The delay of 25 days is condoned.

3. Accordingly, the application for condonation of delay is allowed and disposed of.

RVW 67 of 2025

4. We do not find any reason to review our order passed on 10.01.2025. This review is thoroughly misconceived. The apprehension of the petitioner that by reason of our

observation in paragraph 15 of the petition the applicant is precluded from raising a defence of full and final settlement is foreclosed is misconceived. We have not made any observation in that regard. It is for the Arbitral Tribunal or the appropriate forum to decide any such defence.

5. The review petition and applications are disposed of.

6. Since no affidavit-in-opposition is called for, all allegations are deemed to have been denied.

(Soumen Sen, J.) (Biswaroop Chowdhury, J)