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Calcutta High CourtFMAT/173/2023dismissed as infructuous

Al Amin Garment Haat Pvt v. Cosmic Mapl Jv

2023-06-19Hon'Ble Justice Soumen Sen,Hon'Ble Justice Uday Kumar2 pages

Ct-37 ar In the High Court at Calcutta Civil Appellate Jurisdiction Commercial Division FMAT 173 of 2023 with CAN 1 of 2023 Al Amin Garment Haat Private Limited Vs.

Cosmic MAPL JV Mr. Rajeev Kumar Jain Mr. Sounak Sengupta Ms. Laila Khatun Ms. Sreyais Chatterjee ... For the Appellant Mr. Surajit Nath Mitra, Sr. Adv Mr. Deepak Kumar Jain Mr. Rajarshi Dutta ... For the Respondent 19.6.2023 In view of the fact that the Arbitral Tribunal has been constituted during the pendency of the proceeding under Section 9 of the Arbitration and Conciliation Act 1996. But before the impugned order was passed and that the impugned order was alive till 5th May, 2023, in between the parties have filed an application under Section of the Arbitration and Conciliation Act 1996.

On such consideration, this appeal has now become infructuous.

The appeal being FMAT 173 of 2023 is accordingly dismissed as infructuous.

In view of the dismissal of the appeal CAN 1 of 2023 is also dismissed.

There will be no order as to costs.

(Uday Kumar,J.) (Soumen Sen, J.)