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2016 Supreme(Cal) 904

INDIRA BANERJEE, SAHIDULLAH MUNSHI
Star Track Agency Pvt. Ltd. – Appellant
Versus
Efcalon Tie Up Pvt. Ltd. – Respondent


Advocates Appeared:
For the Petitioner:Mr. S. N. Mookherjee, Mr. S.K. Kapur, Advocate.
For the Respondent:Mr. Anirban Kar, Mr. Saunak Sengupta, Ms. Anindita Ghosh and Mr. Rajesh Upadhyay, Mr. Bhaskar Sen, Mr. Sakya Sen, Mr. Aniruddha Mitra, Mr. Sounabha Basu and Mr. Amritam Mondal, Advocates.

JUDGMENT :

Indira Banerjee, J.

Both these appeals under Section 37(1) of the Arbitration and Conciliation Act, 1996, hereinafter referred to as the 1996 Act, are against an order dated 8th June, 2015, passed by the 6th Additional District Judge, Alipore, District - South 24-Parganas, in an application for interim relief under Section 9 of the 1996 Act being Title Suit No. 3 of 2015 filed by Efcalon Tie Up Pvt. Ltd., the appellant in the appeal being FMAT 744 of 2015, and hereinafter referred to as Efcalon. The respondent impleaded in the said application, Star Track Agency Pvt. Ltd., hereinafter referred to as ‘Star Track’ has also filed an appeal being FMAT No. 650 of 2015 against the said order.

2. Kolkata Port Trust is the owner of the said premises. By an indenture of lease executed by and between Kolkata Port Trust and one Das Reprographics Limited, a company within the meaning of the Companies Act, 1956, which has since been wound up, Kolkata Port Trust had leased out the said premises to the said company for a period of 29 years, 1 month and 25 days with effect from December, 1963.

3. The said indenture of lease provided option of renewal of the lease for a further term of 30 ye







































































































































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