Kesoram Industries Limited Cement Division v. Mintech Global Private Limited

OCD-2 APOT/150/2024 with EC/335/2023 IA No. GA-COM/1/2024

IN THE HIGH COURT AT CALCUTTA

In appeal from its ORDINARY ORIGINAL CIVIL JURISDICTION CIVIL APPELLATE JURISDICTION (Commercial Division) Kesoram Industries Limited Cement Division

Versus

Mintech Global Private Limited Before:

The Hon'ble Justice I. P. MUKERJI And The Hon'ble Justice BISWAROOP CHOWDHURY Date: 24th April, 2024.

Appearance:

Mr. S. N. Mookherjee, Sr. Advocate Mr. Dhruba Ghosh, Sr. Advocate Mr. Mainak Bose, Advocate Mr. V.V.V. Shastry, Advocate ...for the appellant.

Mr. Suman Dutt, Advocate Mr. Sirsanya Bandyopadhyay, Advocate Mr. Avishek Guha, Advocate Mr. Sohaam Kumar Roy, Advocate Mr. Rahul Kumar Singh, Advocate Mr. Subhajit Das, Advocate Ms. Sonal Agarwal, Advocate ...for the respondent.

The Court: After dispensing with all formalities we have heard out the appeal.

We direct that all grounds urged in this appeal, including the maintainability of the execution application are kept open before the trial Court. While keeping the point of maintainability open, we grant leave to the respondent to rely on any previous order of this Court where the point of maintainability was considered and decided.

The above will not prevent the appellant from pursuing their application under Section 34 of the Arbitration and Conciliation Act, 1996.

The appeal (APOT/150/2024) and the application (IA No.GACOM/1/2024) are disposed of. As affidavits were not invited, the allegations in the stay application are deemed to be not admitted.

(I. P. MUKERJI, J.) (BISWAROOP CHOWDHURY, J.) A/s.