Sanowar Sk. v. Srei Equipment Finance Limited (Sefl) And ANR.

ODC 35 ORDER SHEET IA No. GA/1/2023 In APO/5/2023

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL DIVISION SANOWAR SK.

VS SREI EQUIPMENT FINANCE LIMITED (SEFL) AND ANR.

BEFORE:

The Hon'ble JUSTICE SHEKHAR B. SARAF Date: 25th January, 2023.

Appearance:

Mr. Arun Shaw, Adv.

Mr. Swatarup Banerjee, Adv.

Mr. Sariful Haque, Adv.

Mr. Rajib Mullick, Adv.

Ms. Sonia Mukherjee, Adv.

Mr. Deep Bairagi, Adv.

The Court: Heard counsel appearing on behalf of the parties. Mr. Swatarup Banerjee counsel appearing on behalf of the respondent is agreeable to appointment of a new Arbitrator as the prior appointment was an unilateral appointment.

In light of the same, orders passed by Ms. Reshmi Ghosh, the learned Arbitrator in the said arbitration reference are all declared as null and void. By consent of the parties I appoint Mr. Soumyajit Ghosh, [ Mobile No.9830060597] Advocate, Bar Library Club, as Arbitrator in this matter who

shall start the arbitration from the stage of Section 17 application itself to minimize the cost and the time. The appointment is subject to submission of declaration by the Arbitrator in terms of Section 12(1) in the form prescribed in the Sixth Schedule of the Act before the Registrar, Original Side of this Court within four weeks from today.

Let this order be conveyed to the Arbitrator by the Registrar, Original Side forthwith.

All records to be transmitted immediately by the erstwhile Arbitrator to the Arbitrator appointed by this Court.

With the above direction, IA No. GA/1/2023 and APO/5/2023 are disposed of.

(SHEKHAR B. SARAF, J.) sp/