Liebherr India Private Limited v. Emta Coal Limited

OD-24 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION (Via Video Conference) AP/421/2020 LIEBHERR INDIA PRIVATE LIMITED

VERSUS

EMTA COAL LIMITED

BEFORE:

The Hon'ble JUSTICE DEBANGSU BASAK Date: 2nd March, 2021.

Appearance:

S.K. Mal, Adv.

Mr. Atanu Raychoudhury, Adv.

Mr. P. Majumdar, Adv.

The Court :- This is an application under Section 29A of the Arbitration and Conciliation Act, 1996.

A Coordinate Bench in IA No.: G.A. No. 2 of 2020 in A.P. No. 243 of 2020 (Hanumandass Rajkumar Pvt. Ltd. vs. Trilok Kumar Jha) held that an application under Section 29A of the Act of 2019 is premature in view of the orders dated March 23, 2020 and July 10, 2020 passed by the Supreme Court in Suo Moto Writ Petition (Civil) No. 3 of 2020. In such circumstances, A.P. No. 421 of 2020 is disposed of as premature. This order will not prevent the parties from re-agitating their points in accordance with law.

(DEBANGSU BASAK, J.)

S.Bag