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Calcutta High CourtAPOT/404/2023dismissed

Rajarhat I. T. Park Limited v. Computer Associates Private Limited

2024-05-09Hon'Ble Justice Ravi Krishan Kapur2 pages

ODC-20-22

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE [COMMERCIAL DIVISION] IA NO. GA/1/2023 In APOT/402/2023 RAJARHAT I. T. PARK LIMITED Vs UMA RUNGTA IA NO. GA/1/2023 In APOT/403/2023 RAJARHAT I. T. PARK LIMITED Vs KIRAN AGARWAL IA NO. GA/1/2023 In APOT/404/2023 RAJARHAT I. T. PARK LIMITED Vs COMPUTER ASSOCIATES PRIVATE LIMITED

BEFORE:

The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 9th May, 2024.

Appearance:

Mr. Shiv Shankar Banerjee, Adv.

Ms. Madhurima Halder, Adv.

Mr. A. Doss Mullick, Adv.

...for appellant Mr. Soumavo Mukherjee, Adv.

Mr. Biswaroop Mukherjee, Adv.

...for respondent.

The Court: It is fairly submitted on behalf of both the parties that the instant appeals are not maintainable under section 37 of the Arbitration and Conciliation Act, 1996.

In such circumstances, APOT 402 of 2023, APOT 403 of 2023 and APOT 404 of 2023 stand dismissed.

The connected interlocutory applications also stand disposed of. It is made clear that there has been no adjudication on the merits of the case and all the points remain available for the petitioner to raise in accordance with law at the appropriate stage, if necessary. Since Affidavit in Opposition has not been called for all allegations in the application remain not admitted.

(RAVI KRISHAN KAPUR, J.) SK.