M/S Jaggi Brothers Overseas Pvt. Lmt vs M/S Besco Lmt. (Foundary Division) on 17 April, 2025

Calcutta High Court (Appellete Side)

M/S Jaggi Brothers Overseas Pvt. Lmt vs M/S Besco Lmt. (Foundary Division) on 17 April, 2025

                      FMAT-119 of 2025



17.04.2025
 Item no.07
Court No.50
                M/S Jaggi Brothers Overseas Pvt. Lmt.
                               Vs.
               M/S BESCO Lmt. (Foundary Division).

                    Ld. Advocate Ms. Pallavi Pain appears
              for appellant.

                    Seen the written note of the
              Superintendent of 'SR' Section wherein it
              transpires that the following defects are still
              subsisting in the instant appeal:

                    1.

Proper court fees being Rs. 500/-,
the instant appeal is preferred with
court fees of Rs. 100/- only,
leaving a deficit of Rs. 400/-.

2. The instant appeal has been
preferred challenging section 37(1)
of the Arbitration and Conciliation
Act, 1996. The instant appeal is
thus wrongly classified and
instituted as ‘FMAT’ instead of
‘FMAT ( ARBAWARD)’.

3. The preamble is bereft of Ld. Trial
Court Case Number.

4. The memo of appeal needs to be
classified properly.

5. The appeal is delayed by 15 days
and no application for condonation
of delay is with the memo of
appeal.

Since, there is a question of D.C.F, in
terms of the A.S.Rs report dated 04.04.25,
Ld. Advocate for the appellant is hereby
directed to put the D.C.F by 21st April, 2025
positively, in default, the matter will be
placed before the Hon’ble Bench for
necessary direction.

In respect of other defects i.e. point
nos. 2, 3, 4 & 5, the Ld. Advocate for the
appellant is hereby directed to remove the
defect as stated hereinabove within four
weeks from this date.

(Kallol Chattopadhyay)
Registrar Administration (L&OM)