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Calcutta High CourtAP-COM/608/2024disposed

M/S. Bengal Shelter Housing Development Limited v. The Kolkata Municipal Corporation And ORS

2024-12-19Hon'Ble Justice Shampa Sarkar2 pages

OCD-1 AP-COM/608/2024

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL DIVISION M/S. BENGAL SHELTER HOUSING DEVELOPMENT LTD.

VERSUS

THE KOLKATA MUNICIPAL CORPORATION AND ORS.

BEFORE:

The Hon'ble JUSTICE SHAMPA SARKAR Date : 21st January, 2025.

Appearance:

Ms. Jayati Chowdhury, Adv.

Ms. Mandobi Chowdhury, Adv.

Ms. Reshmi Bothra Singhee, Adv.

. . .for the petitioner.

Mr. Joydip Kar, Sr. Adv.

Mr. Biswajit Mukherjee, Adv.

Mr. Altamash Alim, Adv.

. . .for the respondent.

The Court: By a letter dated January 14, 2025, the learned senior advocate who was appointed by this Court to arbitrate upon the dispute between the parties by the order dated December 19, 2024, informed the learned advocate on record for the petitioner that on account of ill health, he was unable to undertake his duties as an Arbitrator. The matter was mentioned before this Court upon notice to the respondent. Accordingly, on consent of the parties, AP-COM 1045 of 2024 was listed before the Court on January 20, 2025 for a substitute Arbitrator. This Court appointed Hon'ble Justice Bhaskar Bhattacharya, former Chief Justice of Gujarat High Court as the learned Arbitrator in place of Mr.

Jayanta Kumar Mitra, learned Senior Advocate. The respondent did not raise any objection.

The prayer of the petitioner for extension of the interim order by a further period was not considered, as AP COM 608 of 2024 was not listed before the court. This matter has been listed today upon notice to the respondent. The respondent does not dispute any of the facts narrated hereinabove and Mr. Kar, learned Senior Advocate for the respondent, agrees that in such a situation, the interim order may be extended.

Accordingly, the interim order passed by the Court on December 19, 2024 is extended for a further period of two months from date. The remaining portion of the order dated December 19, 2024, remains unaltered. (SHAMPA SARKAR, J.) sp/