Swarnsathi Marketing Private Limited And ANR v. Tirumani Flat Owners Association And Others

OD-7 ORDER SHEET AP/138/2024

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE SWARNSATHI MARKETING PRIVATE LIMITED AND ANR. VS TIRUMANI FLAT OWNERS ASSOCIATION AND OTHERS

BEFORE:

The Hon'ble JUSTICE SABYASACHI BHATTACHARYYA Date : 13th August, 2024.

Appearance:

Mr. Sayak Chakrabarti, Adv.

Mr. Wrickbrata Roy, Adv.

...for the petitioners Mr. Siddhartha Lahiri, Adv.

Mr. Rishad Arora, Adv.

Mr. Debraj Dutta, Adv.

...for the respondents The Court: The matter is being taken up out of turn on being mentioned by the petitioners.

Learned counsel for the petitioners submits that the application under Section 11 of the Arbitration and Conciliation Act, 1996 has been filed prematurely, prior to the expiry of the 30 days' period as stipulated in the said provision.

Accordingly, on the prayer of the petitioners, AP/138/2024 is dismissed as withdrawn, with liberty to the petitioners to file afresh on the self-same cause of action after the expiry of the statutory period of 30 days from the date of the receipt of the request for appointment of Arbitrator. (SABYASACHI BHATTACHARYYA, J.) bp/R.Bhar