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Calcutta High CourtAP/63/2019dismissed

Shrachi Reality Private Limited v. Mrs. Kumud Sharma

2020-12-10Hon'Ble Justice Ashis Kumar Chakraborty1 pages

ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE AP 63 of 2019 SHRACHI REALITY PRIVATE LIMITED

VERSUS

MRS. KUMUD SHARMA

BEFORE:

The Hon'ble JUSTICE ASHIS KUMAR CHAKRABORTY Date : 10th December, 2020.

Appearance:

Mr. Shaunak Ghosh, Adv.

...for the petitioner.

The Court : The petitioner has filed this application under Section 11(6) of the Arbitration & Conciliation Act, 1996 by invoking the arbitration agreement contained in the agreement for sale which has not yet been registered. The petitioner prays for leave to withdraw this application with liberty to file afresh.

Considering the facts of the case, the application, AP No.63 of 2019 stands dismissed as not maintainable. However, this order shall not stand in the way of the petitioner filing a fresh application after registration of the agreement for sale, if the occasion so arises. (ASHIS KUMAR CHAKRABORTY, J.) s.pal