Arpita Agro Product Pvt. Ltd. v. Itc Ltd.

16-04-2024 Item no.10 CD Subrata Bhattacharyya AR(C)

IN THE HIGH COURT AT CALCUTTA

Civil Appellate Jurisdiction (Commercial Division) FMAT No.107 of 2024 Arpita Agro Product Private Limited -vsITC Limited with CAN No.1 of 2024 Mr. Prantic Garai Mr. Kauishik Das Mr. Abhishek Sikdar Ms. Sahili Dey Ms. Antara Biswas ...for the appellant Mr. Dhruba Ghosh Mr. Sarathi Sengupta Mr. Amit Kumar Nag Mr. Partha Banerjee ...for the respondent We formally admit the appeal. We are in a position to dispose of it today itself.

This appeal is against refusal of the learned court below to pass an interim order in the suit.

We are told that the returnable date of the interlocutory application before the said court is on 18th April 2024. The respondent has also filed an application under Order VII Rule 11 of the Code of Civil Procedure, 1908 which is also to be taken up along with that application.

According to us, the ends of justice would be subserved, if both the applications are heard out, the Order VII Rule 11 CPC first, upon hearing learned counsel for the parties and by a reasoned order within two months from today.

The appellant/plaintiff shall be at liberty to ask for any interim protection from the court below in accordance

with law.

The appeal and the connected stay application - FMAT No. 107 of 2024 with CAN No.1 of 2024 - are thus disposed of.

As affidavits have not been invited, the allegations contained in the appeal and the application are deemed not to have been admitted by the respondent.

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