Mounthill Realty Pvt Ltd v. Calcutta Engineers And Builders Pvt Ltd

10.05.2022 Sl. 5 (Via Video Conference) Ct.No. 37 Amalranjan

IN THE HIGH COURT AT CALCUTTA

CIVIL APPELLATE JURISDICTION APPELLATE SIDE FMAT (ARBAWARD)/20/2022 With CAN/1/2022 Mounthill Realty Private Limited Vs.

Calcutta Engineers & Builders Private Limited (COMMERCIAL DIVISION) Mr. Reetobrata Mitra Mr. Abhishek Sikdar Mr. Soumen Halder Ms. Pallavi Ray ...for the appellant/petitioner Mr. Abhrajit Mitra, Sr. Adv.

Mr. Debraj Sahu Mr. Snehashis Sen Mr. Abhishek Banerjee ...for the respondent Re: CAN/1/2022 We have examined the report of the Joint Special Officers.

We have heard learned counsel appearing for the parties.

It is submitted that the Flat no. 1/1A has already been sold out to a third party.

It is submitted by Mr. Reetobrata Mitra, learned counsel appearing for the appellant that flats No. 1/3M and 3/GA/2 are in his clients' ownership and control.

According to the report they are incomplete.

This order will not in any way affect the undertaking given by the appellant before the learned tribunal to complete the construction of these two flats.

By consent of the parties, time to complete the construction is extended by six months from date.

Considering the fact that the claimants'

claim is purely monetary in nature and it is supported by an alleged admission and the submission of Mr. Abhrajit Mitra, learned senior counsel appearing for the respondent that no case of attachment before judgment has been made out, we direct that the appellant shall not alter the status quo regarding ownership or possession of flats No. 1/3M and 3/GA/2 in Mounthill Essence Project without the leave of the learned arbitral tribunal or a court of law. As flat no. 1/1A is already disposed of, we vacate the injunction with regard to the said property.

We also make it clear that this is the only interim order, which is now operative.

On the failure of the appellant to carry out their undertaking, it shall be open to the respondents to seek further orders of protection.

Nothing remains in this appeal. The appeal FMAT (ARBAWARD) 20 of and the connected application CAN/1/2022 are disposed of.

( Aniruddha Roy,J. ) ( I. P. Mukerji,J. )