Calcutta High Court
Anjanee Kumar Lakhotia vs Shri Maruti Maheshwari And Ors on 3 March, 2025
Author: Soumen Sen
Bench: Soumen Sen
OC-2
IN THE HIGH COURT AT CALCUTTA
Commercial Appellate Division
ORIGINAL SIDE
APOT/57/2025
WITH
AP-COM/300/2024
IA NO: GA-COM/1/2025
ANJANEE KUMAR LAKHOTIA
VS
SHRI MARUTI MAHESHWARI AND ORS
BEFORE:
The Hon'ble JUSTICE SOUMEN SEN
AND
The Hon'ble JUSTICE BISWAROOP CHOWDHURY
Date : 3rd March, 2025
Appearance:
Mr. Abhrajit Mitra, Sr. Adv.
Mr. Satadeep Bhattacharya, Adv.
Ms. Pritha Basu, Adv.
Ms. Sriparna Mitra, Adv.
Ms. Nairanjana Ghosh, Adv.
Mr. Debartha Chakraborty, Adv.
...for the appellant.
Mr. Sabyasachi Chowdhury, Sr. Adv.
Mr. Anuj Singh, Adv.
Ms. Ankita Baid, Adv.
Ms. Trinisha De, Adv.
Mr. Rupal Singh, Adv.
...for the respondents.
1. There shall be an order in terms of prayer (a) of Notice of Motion.
2. This appeal is arising out of an order dated 25 th February, 2025 by
which the interim order dated 20th June, 2023 was vacated. Prima
facie, it appears that pursuant to a Memorandum of Understanding
(in short) MOU dated 17th March, 2013 between the respondent nos.1
and 2, the appellant has discharged certain obligations but the fact
remains that the entire consideration amount has not been paid.
There are disputes and differences between the parties with regard to
2
discharge of reciprocal obligation. The aforesaid MOU according to
the respondents have been substituted by the MOU dated 30 th
October, 2013. The learned Single Judge also considered the later
MOU as a substitution of the earlier MOU. However, in relation to the
said MOU although a suit being CS No.54 of 2015 was filed the said
suit was withdrawn after enjoying an interim order for almost eight
years.
3. We have been informed that at the time when the suit was withdrawn,
an application for judgment upon admission was filed in which the
respondents have prayed for a direction upon the present appellant to
perform its obligation under the MOU dated 30 th October, 2013.
4. In view of the fact that there appears to be a part-performance of MOU
dated 17th March, 2013, we consider the prayer for interim order,
subject to the appellant securing a sum of Rs.8 crores by way of bank
guarantee or any other mode of security to the satisfaction of the
learned Registrar, Original Side of this Court within a period of
fortnight from date. There shall be an unconditional stay of operation
of the impugned order for a period of two weeks. In the event the
aforesaid amount is secured, the impugned order shall continue till
the disposal of the appeal.
5. The pendency of this appeal shall not stand in the way of the learned
Single Judge in deciding the application for appointment of Arbitrator.
6. The observation of the learned Single Judge with regard to the earlier
MOU being substituted by the later MOU is an arguable case made
3
out by the appellant and hence not conclusive on the issue. It would
be open for the learned Single Judge to take an independent view on
this issue without being influenced by the observation made by the
learned Single Judge in the impugned order dated 25 th February,
2025. The finding of the learned Single Judge on 25 th February, 2025
with regard to the substitution of the MOU dated 17 th March, 2013 by
30th October, 2013 shall not operate as res judicata in deciding the
matter under Section 11 of the Arbitration & Conciliation Act, 1996.
7. The appeal is admitted.
8. Mr. Ashok Kumar Singh, advocate-on-record on behalf of the
respondents, waives service of notice of appeal.
9. The appeal is ready as regards service.
10. The paper books have been filed in Court.
11. The appellant is directed to serve copies of paper books to the
advocate-on-record of the respondents within two weeks from date.
12. Settlement of index and all other formalities are dispensed with.
13. The application being IA No.GA-COM/1/2025 stands disposed of.
14. Since no affidavit is filed, all allegations made are deemed to have
been denied.
15. Let this matter be listed after four weeks.
(SOUMEN SEN, J.)
(BISWAROOP CHOWDHURY, J.)
mg/spal
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