Isc Projects Pvt Ltd v. The President Of India Through The Chief Administrative Officer (Construction) And ANR

ODC 25 ORDER SHEET AP/814/2022

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL DIVISION ISC PROJECTS PVT LTD VS THE PRESIDENT OF INDIA THROUGH THE CHIEF ADMINISTRATIVE OFFICER (CONSTRUCTION) AND ANR

BEFORE:

The Hon'ble JUSTICE SHEKHAR B. SARAF Date: 24th January, 2023.

Appearance:

Mr. Swatarup Banerjee, Adv.

Mr. H.R. Singh, Adv.

Mr. Ajay Krishna Chatterjee, Sr. Adv.

Mr. Rivu Dutta, Adv.

The Court: Counsel appearing on behalf of the petitioner submits that the Section 34 application is required to be filed before the Commercial Court at Alipore. Accordingly, he submits that the present Section 34 application may be dismissed as withdrawn with liberty to file afresh at the appropriate forum. In light of the above, the Section 34 application is dismissed as withdrawn with liberty granted to the petitioner to file afresh before the appropriate forum. It is to be noted that the benefit of Section 14 of the Limitation Act, 1963 shall apply to the petitioner as the petitioner was filed by mistake in the wrong forum. AP/814/2022 is disposed of.

(SHEKHAR B. SARAF, J.) sp/