Arpita Agro Product Pvt Ltd v. Itc Ltd

14-03-2024 Item no.4 CD Subrata Bhattacharyya AR(C)

IN THE HIGH COURT AT CALCUTTA

Civil Appellate Jurisdiction (Commercial Division) FMAT No.69 of 2024 Arpita Agro Product Private Limited -vsITC Limited with CAN No.1 of 2024 Mr. Prantik Gorai Mr. Kaushik Das Mr. Abhishek Sikdar Ms. Antara Biswas ...for the appellant Mr. Amit Kumar Nag Mr. Partha Banerjee Ms. Ranjabati Ray ...for the respondent We admit this appeal.

This is an appeal from an ex parte decision of the learned court below dated 23rd February 2024 refusing to pass an interim order.

We are told that the returnable before that court is today (14th March 2024). The respondent is represented before us.

We are of the view that the ends of justice would be sub-served if the interim application is heard out by the learned court below in the presence of the respondent and by a reasoned order at all stages, including the motion stage.

The learned court below is requested to fix a returnable date, not later than seven days from date, and hear out the application from the motion stage keeping all points open without being influenced by the impugned judgement and order by which the interim order was refused.

The appeal and the stay application - FMAT No.69 of 2024 and CAN No.1 of 2024 - are thus disposed of. [I.P. Mukerji, J] [Biswaroop Chowdhury, J]