M/S Durgapur Corporation Pvt Ltd v. Sri Gouri Shanker Choubey

OD-2 ORDER SHEET AP-COM 505 of 2024

IN THE HIGH COURT AT CALCUTTA

ORIGINAL SIDE (COMMERCIAL DIVISION) M/S. DURGAPUR CORPORATION PRIVATE LIMITED VS.

SRI GOURI SHANKER CHOUBEY

BEFORE:

The Hon'ble JUSTICE ARINDAM MUKHERJEE Date: 10th December, 2024.

Mr. Sakya Sen, Sr. Adv., Mr. Sandip Agarwal, Mr. Ishaan Saha, Mr. Tanmay Agarwal, Mr. Chitresh Saraogi Mr. Yash Singhi, Advocates for the petitioner.

Mr. Krishnaraj Thaker, Sr. Adv., Mr. Tanish Ghaneriwala, Mr. Ramendu Agarwal, Advocates for the respondent. The Court : The parties submit that the petitioner has already filed an application under Section 17 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 1996 Act) before the learned Arbitrator. The petitioner says that it is desirous in proceeding with the said application before the learned Arbitrator by having the application under Section 9 of the 1996 Act disposed of before this Court with liberty to proceed before the learned Arbitrator.

The application under Section 9 of the 1996 Act (AP-COM 05 of 2024) is disposed of by recording the submissions made on behalf of the petitioner. The interim protection which is still in subsistence is extended

till 6th January, 2025 or until further orders that may be passed in the Section 17 application.

Since the entire matter will now be before the learned Arbitrator, the learned Advocates-on-Record representing the parties who were jointly appointed as Special Officers to sale the stock are discharged without remuneration and without filing of any accounts. It will be open for the parties to pray similar or identical relief before the learned Arbitrator in accordance with law. AP-COM 505 of 2024 is accordingly, disposed of. (ARINDAM MUKHERJEE, J.) pa