M/S Micky Metals Limited v. Pravin Halder

ODC 2 ORDER SHEET AP/158/2022

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL DIVISION M/S MICKY METALS LIMITED VS PRAVIN HALDER

BEFORE:

The Hon'ble JUSTICE SHEKHAR B. SARAF Date: 8th September, 2022.

Appearance:

Mr. Priyankar Saha, Adv.

Mr. Ratul Das, Adv.

Mr. Abhijit Sarkar, Adv.

The Court: By an order dated 26th April, 2022 an order of injunction had been passed by this Court restraining the respondent from dealing with and/or disposing of and/or alienating and/or transferring and/or encumbering his assets and properties and/or creating any third party rights or interest in respect of the property and the bank account being Account No. 422430110000183 maintained with Bank of India, Silinda Branch, Nadia, West Bengal. Till date none has appeared on behalf of the respondent in spite of service of the Section 9 application and service of orders passed by this Court. Counsel appearing on behalf of the petitioner prays for confirmation of the subsisting interim order and disposal of the Section 9 application.

Upon perusal of the award, it appears that the award was passed by the named Arbitrator and such award is ex parte wherein the respondent had not appeared.

In any event, since none appeared on behalf of the respondent, I see no impediment in granting the prayer made by the petitioner with regard to disposal of the Section 9 application with confirmation of the order of injunction. Order accordingly.

AP No.158 of 2022 is disposed of and the interim order passed is to continue for a further period of eight weeks from date or until further orders passed in appropriate proceedings.

(SHEKHAR B. SARAF, J.) sp/