Srei Equipment Finance Limited v. Varaha Infra Limited And ORS.

OD-12 AP/2/2022

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE SREI EQUIPMENT FINANCE LIMITED VS VARAHA INFRA LIMITED AND ORS.

BEFORE:

The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 13th January, 2022.

Appearance:

Mr. Farukh Khan, Adv.

The Court : This is an application under Section 9 of the Arbitration and Conciliation Act, 1996.

The disputes and differences arises out of the Agreements dated 15 September, 2019, and 15 March, 2020 respectively. By a notice dated 15 November, 2021 the petitioner had invoked the arbitration clause and also sought for an appointment of an Arbitrator. The petitioner has also filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, which is pending before this Court which the petitioner undertakes to withdraw. By consent of the parties, the Hon'ble Justice Pranab Kumar Chattopadhyay (Retired) is appointed as Sole Arbitrator to enter upon the disputes and differences by and between the parties in respect of both the agreements. The learned Arbitrator is at liberty to fix his own remuneration in accordance with provisions of the Arbitration and Conciliation Act, 1996.

The parties are at liberty to approach the Arbitral Tribunal for appropriate reliefs in accordance with law.

It is made clear that this Court has not gone into the merits of the controversies between the parties.

With the aforesaid directions, AP 2 of 2022 stands disposed of. (RAVI KRISHAN KAPUR, J.) SK.