SOUMEN SEN,J. - (1.) The judgment debtor no. 2 is represented by Mr. Arnab Mukherjee, Adv. It is submitted by Mr. Mukherjee that an application for setting aside of the award is pending before the City Civil Court at Calcutta being Misc. Case No. 3834 of 2015.
(2.) In view of the admitted position that a prior application under Section 9 of the Arbitration and Conciliation Act was filed in this Court in which a receiver was appointed in as much as the parties have agreed to settle the matter, as would be evident from the order passed by Hon'ble Justice Harish Tandon on 8th April, 2016 in EC 14 of 2016, the application filed before the City Civil Court, Calcutta is not maintainable in view of Section 42 of the Arbitration and Conciliation Act , 1996. The said application is non est in the eye of law. The award debtor no. 2 is only a guarantor. The principal debtor has not challenged the award.
(3.) The receiver has filed a report wherefrom it appears that pursuant to the advertisement the receiver has received four offers. The receiver states that out of the four intending offers the offer of Mr. Ranjit Kr. Gupta, residing at Moulali Plaza 113A, A.J.C. Bose Road, Kolkata 700014 is for a sum of Rs. 26 lakh consolidated for the five assets in the highest offer.;