EFCALON TIE UP PRIVATE LIMITED Vs. STARTRACK AGENCY PRIVATE LIMITED
LAWS(CAL)-2019-11-71
HIGH COURT OF CALCUTTA
Decided on November 21,2019

Efcalon Tie Up Private Limited Appellant
VERSUS
Startrack Agency Private Limited Respondents

JUDGEMENT

SANJIB BANERJEE,KAUSIK CHANDA,J. - (1.) The appeal is directed against an order dated October 1, 2019 by which the Commercial Court at Alipore has declined to take up a petition under Section 34 of the Arbitration and Conciliation Act, 1996 and treat it as a commercial matter only because a previous order of this court, while requiring the expeditious disposal of the Section 34 petition, directed the Additional District Judge, 13th Court at Alipore to dispose of the matter.
(2.) Not much need be said on the various aspects of the matter, if only to ensure that the parties are not prejudiced by any observation made here in course of the hearing before the court below.
(3.) It appears that under an agreement in writing of the year 2004 the appellant herein inducted the respondent as a tenant or a lessee in respect of a property that had, in turn, been obtained on lease or licence by the appellant from the Kolkata Port Trust. The disputes between the parties pertain to the status of the appellant qua the relevant property and the perceived obligation of the respondent to pay rent or licence fees or occupation charges in respect thereof.;


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