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 14^th 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 14^th 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 12^th 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