Belseri Tea Co. (India) Pvt Ltd v. Geeta R Patel and Anr

ORDER

12.06.2024

¶1Heard Mr. J. Roy, learned Senior Counsel assisted by Ms. N. Hawelia, learned counsel for the review petitioner. Also heard Mr. Rohit Kr. Keshri, learned counsel for the respondents.

¶2Mr. J. Roy, learned Senior Counsel for the review petitioner submits that the review petitioner's Section 11(6) petition under the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the "1996 Act") had been dismissed, vide impugned order dated 09.02.2024 passed in Arb.P.2/2023, on Page No.# 3/4 the basic premise that the respondents had filed C.P. No.202/KB/2023 before the National Company Law Tribunal (NCLT), prior to the filing of Section 11(6) application. He however submits that Section 11(6) application had been filed prior to the respondents' case in the NCLT, Kolkata. He accordingly prays that the impugned order should be set aside and the review should be allowed.

¶3Mr. Rohit Kr. Keshri, learned counsel for the respondents, on the other hand submits that the subject matter in issue can only be decided by the NCLT, Kolkata and not by an Arbitrator. He further submits that the review petitioner had been given an advance copy of the petition to be filed by the respondents before the NCLT, Kolkata, in the month of September, 2022. However, the respondents' case first order was passed by the NCLT, Kolkata on 24.07.2023. He further submits that filing of the case before the NCLT, Kolkata was done on

09.02.2023.

¶4I have heard the learned counsels for the parties.

¶5On a perusal of paragraph nos.5, 7 & 14 of the impugned order, the same shows that the petition filed by the review petitioner had been dismissed on the ground that the Section 11(6) application under the 1996 Act had been filed subsequent to the case filed by the respondents before the NCLT, Kolkata. However, the same is apparently not correct, as can be seen from the submission made by the parties and also from the records. Section 11(6) application under the 1996 Act had been filed on 04.01.2023. However, the NCLT, Kolkata order is of 24.07.2023 and filing date has been shown as

09.02.2023, i.e. subsequent to the filing of Section 11(6) application of the review petitioner. Page No.# 4/4

¶6In view of the error being apparent on the face of the record and dismissal of the writ petition being made on the ground that the case had been filed before the NCLT, Kolkata earlier in point of time, this Court finds that the review petitioner has made out a case for review. Accordingly, the impugned order dated 09.02.2024 passed in Arb.P.2/2023 is hereby recalled.

¶7Registry to list Arb.P.2/2023 on 25.07.2024.

¶8The review petition is accordingly disposed off.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010051992024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oReview.Pet./48/2024o BELSERIoTEAoCO.o(INDIA)oPVToLTDo AoPVT.oLTD.oINCORPORATEDoUNDERoTHEoCOMPANIESoACT,o1956oANDo COMPANIESoACT,o2013oANDoHAVINGoITSoHEADoOFFICEoATo21oRNo MUKHERJEEoROAD,oKOLKATA,oWESToBENGAL-o700001oANDoITSoFACTORYo ATo3E,o3RDoFLOOR,o724,oPEACEoENCLAVE,oULUBARI,oGHY-07,oASSAM 2:oASHOKoKUMARoAGARWAL oH/NOo168 oR.G.BARUAHoROAD oP.O.oDISPUR oGHY-05 oASSAM 3:oSWETAoAGARWAL oH/NOo168 oR.G.BARUAHoROAD oP.O.oDISPUR oGHY-05 oASSAM 4:oDIBYANSHUoAGARWAL oHOUSEoNOo36/37 oSHREENAGAR oBYELANEoNO-1oABC oOPP.oHOTELoGATEWAYoGRANDUER oG.S.ROAD oGHY-05 oASSAM 5:oTANISAoAGARWAL oHOUSEoNOo36/37 oSHREENAGAR oBYELANEoNO-1 oOPP.oHOTELoGATEWAYoGRANDUER Page No.# 2/4 G.S.ROAD PIN-781005 ASSA VERSUS GEETA R PATEL AND ANR D/3, JEMS CO-OP SOCIETY, OPP. NEHRU FOUNDATION, BODAKDEV, AHMEDABAD, GUJARAT, PIN- 380054, INDIA 2:RISHIT RAVINDRA PATEL D/3 JEMS CO-OP SOCIETY OPP. NEHRU FOUNDATION BODAKDEV AHMEDABAD GUJARAT PIN- 380054 INDI Advocate for the Petitioner : MS. M L GOPE Advocate for the Respondent : MR. P BORAH BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA