Skip to main content

Extension petition in arbitration proceeding

 

District : South 24 Parganas

In the Court of the Learned District Judge, South 24 Parganas, at 18, Judges Court Road, Alipore, Kolkata – 700027, District – South 24 Parganas.

 

                                                Misc. Appeal no.   1  of 2021

 

In the matter of :

Sri Joydeep Banerjee,                                                     ______Appellant

-      Versus –

 

Sri C. Prasanna Venkatesh, Arbitrator, and Others

________Respondents

 

Extension Petition of Stay Order dated 14-01-2021, passed by the Hon’ble Court in Misc. Appeal no. 1 of 2021.

 

The humble petition of the above named appellant, most respectfully;

Sheweth as under :

 

1.   Your petitioner filed an appeal under Section 37 of the Arbitration & Conciliation Act’ 1996, against the Impugned Order dated 14th day of December’ 2020, under Section 17 of the Arbitration & Conciliation Act’ 1996, passed by the Learned Arbitrator C. Prasanna Venkatesh, in I.A. no. 1 of 2020, arising out of KB S ET 1198/2020, along with the stay application, before the Hon’ble Court, which has been registered as Misc. Appeal no. 1 of 2021.

 

2.   The above referred appeal has been heard by the Hon’ble Court on 07-01-2021, and passed necessary order as to admit the above referred appeal under Section 37 of the Arbitration & Conciliation Act’ 1996, and fixed the next date on 14-01-2021, for passing order in respect of the Stay application thereof.

 

3.   On 14-01-2021, the Hon’ble Court was pleased to stay the Impugned Order dated 14th day of December’ 2020, under Section 17 of the Arbitration & Conciliation Act’ 1996, passed by the Learned Arbitrator C. Prasanna Venkatesh, in I.A. no. 1 of 2020, arising out of KB S ET 1198/2020, till 12-02-2021, vide Order dated 14-01-2021, passed by the Hon’ble Court in Misc. Appeal no. 1 of 2021.

 

4.   The said Order dated 14-01-2021, has been duly communicated to all the respondents by the Appellant. The Affidavit of Services has been submitted by the Appellant in the present appeal proceeding before the Hon’ble Court on earlier occasion.

 

5.   Even after such communication of the Order dated 14-01-2021, passed by the Hon’ble Court in Misc. Appeal no. 1 of 2021, the men and agents more particularly the officials of the respondents concerned called on your appellant and disturbed severally to your appellant.

 

6.   That for the reasons stated above your appellant prays before the Hon’ble Court to extend the Stay order dated 14-01-2021, till disposal of the present appeal, otherwise your appellant will suffer irreparable loss and injury, thereof.

 

7.   That the balance of convenience and inconvenience are in favour of your appellant, and the respondents will not prejudice, thereof.

 

8.   That this application is made bonafide in the interest of administration of justice.

 

It is therefore prayed that your Honour would graciously be pleased to admit this extension petition and extend the order dated 14-01-2021, passed by this Hon’ble Court till disposal of the present appeal, in the interest of administration of justice, and or to pass such other necessary order or orders as your Honour may deem, fit, and proper for the end of justice.

And for this act of kindness, the Petitioner as in duty bound shall ever pray.

 

 

 

VERIFICATION

 

I, Sri Joydeep Banerjee, being the appellant in the present appeal proceeding under Section 37 of the Arbitration & Conciliation Act’ 1996, made this application. I am acquainted and conversant with material facts of this present appeal. I verify and Sign this application as on 12th day of February’ 2021, at Alipore Judges’ Court premises.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AFFIDAVIT

 

I, Sri Joydeep Banerjee, Son of Late Sudipta Banerjee, aged about 41 years, by faith Hindu, by Occupation Unemployed, residing at Boral Rakshiter More, Post Office – Boral, Police Station – Narendrapur ( formerly Sonarpur ), Kolkata – 700154, District – South 24 Parganas, do hereby solemnly affirm and say as follows:

 

1.       That I am the appellant of this appeal and I am well acquainted with the facts and circumstances of the case. I am competent to swear this affidavit.

 

2.                  That the statements made in paragraph No. 1, 2, & 5, are true to my knowledge and those made in paragraphs   3, 4, & 6, are true to my information derived from the records of the case and rest paragraphs are my respectful submission before this Learned Court.

 

 

 

Prepared in my office                                            DEPONENT

 

                 Advocate                                                                                            Identified by me

                                                                                                                                                                                                                                                                                                                Advocate

Solemnly affirmed before me

on this the       day of February, 2021.

 

 

 

NOTARY

 

 

Comments

Post a Comment

Popular posts from this blog

OBJECTIONS OF RESPONDENTS TO DELAY CONDONATION APPLICATION FILED BY PETITIONER

  OBJECTIONS OF 2ND TO 4TH RESPONDENTS TO DELAY CONDONATION APPLICATION FILED BY PETITIONER:- 1. The interim application is not maintainable since the affidavit accompanied the application does not speaks truth and its vague and not specific in disclosing accurate reasons for the absence of petitioner/plaintiff in the days wherein court has scheduled to plaintiff evidence. 2. The affidavit consist of mere allegations un-supported by documents, hence liable to be dismissed. The written statement and objections filed by these respondents to the main petition be read as part and parcel of this objections to delay condonation application. 3. The matter of condonation of delay, it is an established position that every day's delay has to be explained and a person who seeks the exercise of the discretion to condone the delay in his favour cannot run away by making a mere general statement or mere allegation unsupported by document or mere passing of his laches upon his advocate. 4...
Post a Comment
Read more

"As Is" and "As Available"

  " As Is" and "As Available " " As available " applies to goods and services, including those provided online. ... With apps and websites, " As Available " indicates contractual standards only when the product or service is available. “As Is” alerts a buyer in a sales contract that they accept the purchased item, be it real estate, animals, automobiles or appliances, in its present condition. It also assumes the buyer has a right to inspect the property first so they can assess any defects and make an informed decision. “As available” applies to goods and services, including those provided online. At its most simple definition, it refers to products in stock or real estate that remain on the market. Once purchased, there are no guarantees because the product is no longer available. It also refers to store or office hours with a bricks-and-mortar business. With apps and websites, “As Available” indicates contractual standards only when the produc...
Post a Comment
Read more

Quashing a False 498a FIR

  Quashing a False 498a FIR Quashing of FIR is a tough matter ! Courts generally are reluctant to interfere at the stage of investigation and only very strong grounds + persuasive arguments can make a bench sit up and taking a 482 matter seriously. FIR’s can be quashed if they an abuse of process of law/prima facie don’t disclose any offence or are inherently improbable - If you are thinking about quashing of FIR u/s 498a/406. These are the grounds/list of judgments of quashing that would help bolster your plea : GROUNDS FOR QUASHING IN A 498a/406/34 IPC MATTER • BECAUSE  Section 482 of the Cr.PC  categorically saves the inherent power of High Court to make such orders as may be necessary to give effect to any order this Code, or to prevent abuse of the process of any court or otherwise to secure the ends of justice. In the instant case it is pertinent in the ends of justice and to prevent an abuse of the process of law that the impugned FIR be quashed. • BECAUSE ...
Post a Comment
Read more