Calcutta High Court
V3 Polyplast Private Limited vs Rajasthan Hosiery Factory Private … on 2 July, 2025
Author: Shampa Sarkar
Bench: Shampa Sarkar
ORDER OCD-17
IN THE HIGH COURT AT CALCUTTA
COMMERCIAL DIVISION
ORIGINAL SIDE
AP-COM/492/2025
V3 POLYPLAST PRIVATE LIMITED
VS
RAJASTHAN HOSIERY FACTORY PRIVATE LIMITED
BEFORE:
The Hon'ble JUSTICE SHAMPA SARKAR
Date: 2nd July 2025.
Appearance:-
Mr. Rajarshi Dutta, Adv.
Mr. Debraj Sahoo, Adv.
Ms. Sucheta Mitra, Adv.
Ms. Shreya Saria, Adv.
Mr. Tamaghna Saha, Adv.
...for petitioner.
1.
An application for interim measures under Section 9 of the Arbitration
and Conciliation Act, 1996 has been filed, once again. On April 21, 2025,
the first application for interim protection was dismissed as withdrawn by
this Court, with the observation that unless the petitioner movedthe
MSME Council for interim protections, the petitioner could not approach
the High Court straightaway for interim orders. The petitioner had not
availed of its rights under Section 17 of the said Act before approaching
the High Court. The Court was of the view that no exceptional situation
had been established which would persuade the Court to exercise
discretion under Section 9(3) of the said Act. Section 17 of the said Act
would be applicable as the proceeding before the MSME Council was
under Section 18(3) of the MSME Act.The conciliation had failed and was
2
terminated. Under such circumstances, the earlier application was
dismissed as withdrawn upon Mr. Dutta submitting that the MSME
Council would be approached. This Court had granted liberty to the
petitioner to approach the Court in future, under any exceptional
situation.
2. It is submittedthat an application was filed on May 3, 2025 for interim
protection, but the MSME Council has not yet fixed the date of hearing of
the same. In my view, this is not an exceptional situation which would
warrant order from this Court.
3. The MSME Council is requested to take up the matter urgently. Liberty is
granted to the petitioner to approach the Council with a copy of this order
and seek a date of hearing of the application under Section 17 of the said
Act. This Court reposes faith and trust that the said application will be
heard and disposed of by the Council within a short period, upon hearing
all the parties.
4. This court has not expressed any opinion on the merits of the matter.
5. The application is disposed of.
(SHAMPA SARKAR, J.)
S. Kumar / R.D. Barua