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2019 Supreme(Cal) 439

SABYASACHI BHATTACHARYYA
Shiva Jute Mills Pvt. Ltd. – Appellant
Versus
Pearl Studios Pvt. Ltd. – Respondent


Advocate Appeared:
For the Petitioner:Kumarjit Banerjee, Sanchari Chakraborty, Siksha Agarwal, Advocates.
For the Respondent:Kuldip Mallik, A.K. Upadhyay, S.E. Huda, R.K. Khanna, Advocates.

JUDGMENT :

1. The brief facts of the case are as follows:

2. On July 30, 2009, the opposite party no.2 Infinity Infotech Parks Ltd., a lessee in respect of the suit premises, entered into an agreement of sub-lease with opposite party no. 1, Pearl Studios Pvt. Ltd.

3. Subsequently, the opposite party no. 1 inducted one Mahuaa Media Private Limited as a further sub-lessee.

4. By a tripartite agreement dated October 5, 2013, between the said Mahuaa Media, the opposite party no. 1 and the petitioner, Mahuaa assigned its sub-lease under Pearl Studios to the present petitioner, namely, Shiva Jute Mills Pvt. Ltd.

5. Both the said agreements contained various provisions regarding the payments to be made by the respective sub-lessees. Subsequently, upon a dispute having arisen as to the outstanding payments, the matter was referred to an arbitrator in the month of July, 2014, between the opposite parties, without impleading the petitioner.

6. In the year 2016, the petitioner filed a suit for specific performance of the agreement dated October 5, 2013 and consequential reliefs. Upon an injunction application being moved in the said suit, the trial court passed an ex parte ad interim order directin

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