Ms Implex Service Limited v. Anil Agarwal
Case brief
What is this about?
Implex Service Limited v. Anil Agarwal, AP-COM/66/2024, High Court at Calcutta, Ordinary Original Civil Jurisdiction (Commercial Division), decided 7th February, 2024 by Justice Arindam Mukherjee. Section 9, Arbitration and Conciliation Act, 1996 interim measure application by NBFC seeking injunction over mortgated immovable property; EMI default; attempted disposal of secured property; out-of-court settlement; settlement cheque received by petitioner; withdrawal instruction dated 7th February, 2024 kept on record; application dismissed as withdrawn as nothing survived for adjudication. Petitioner's counsel: Biswaroop Ghosh; respondent's counsel: Shaunak Ghosh. No precedent cited; no costs or quantum recorded.
What did the court decide?
In view of the out-of-court settlement between the parties, the petitioner's receipt of a cheque for the settlement amount, and the respondent's acknowledgement of having issued the cheque for the settlement amount, nothing survives in the Section 9 application for adjudication, and the application is dismissed as withdrawn.