M/S S D Infrastructure And Real Estate Pvt Ltd v. M/S Denimatick(India) Pvt Ltd

16.12.2021 Sl. 7 (Via Video Conference) Ct.No. 37 Amalranjan

IN THE HIGH COURT AT CALCUTTA

CIVIL APPELLATE JURISDICTION APPELLATE SIDE (COMMERCIAL DIVISION) FMAT 751 of 2021 M/s. SD Infrastructure & Real Estate Private Limited Vs.

M/s. Denimatic (India) Private Limited With CAN No. 1 of 2021 Mr. Ratnanko Banerjee, Sr. Adv.

Mr. R.K. Mitra Mr. S. Sengupta Mr. B. Sen Mr. D. Choudhury Mr. S. Chowdhury Mr. S. Bhattacharya ...for the appellant/petitioner Mr. Mainak Bose Mr. Anurag Bagaria ...for the respondent Re: CAN No. 1 of 2021(stay) We admit the appeal. At the same time we propose to hear out the appeal dispensing with all formalities.

There was an agreement between the parties for sale of the subject property followed by a registered deed of conveyance executed on 28th August, 2015.

The claim of the appellant/petitioner as made out in the application under Section 9 of the Arbitration and Conciliation Act, 1996 was monetary.

Considering the rival arguments of learned counsel for the parties, we do not think that the learned judge in passing the impugned judgment and order dated 8th October, 2021 was in error, except that his finding that the claim of the appellant/petitioner was barred by the law of limitation is to be taken as a, prima facie, observation.

The appeal and the connected application are disposed of.

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