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2025 DAILYLAW 55632 (CAL)

M/S CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LTD v. SWARAJ KUMAR ADHIKARY AND ANR

AP-COM/126/2025 · 2025-03-03

Shampa Sarkar

body2025

Judgment text

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OC –71 ORDER SHEET IN THE HIGH COURT AT CALCUTTA COMMERCIAL DIVISION ORIGINAL SIDE AP-COM/126/2025 M/S CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LTD VS SWARAJ KUMAR ADHIKARY AND ANR BEFORE: The Hon'ble JUSTICE SHAMPA SARKAR Date: 3rd March, 2025. Appearance: Mrs. ArunimaLalaSengupta, Adv. Mrs. Tutul Das Singh, Adv. Mr. Amar Singh, Adv. Mr. Ranjit Singh, Adv. Mr. Pranit Biswas, Adv. Mr. Ratul Deb Banerjee, Adv. …. for the petitioner Mr. Prantick Ghosh, Adv. Mrs. ShabanaHasim, Adv. …for the respondents The Court:Prima facie, there appears to be an arbitration clause. However, the respondents have filed a suit. An order of injunction has been passed by the learned Trial Judge. The petitioner has already taken steps by filing an application under Sections 5 and 8 of the Arbitration and Conciliation Act, 1996. Under Such circumstances, this Court is of the view that this application should not be entertained at this stage and is disposed of, granting liberty to the petitioner to renew the prayers at the appropriate stage, if necessary. (SHAMPA SARKAR, J.) TR/