Srei Equipment Finance Limited v. Marina Piling Company Pvt Ltd And ANR

ORDER

OCD-3

IN THE HIGH COURT AT CALCUTTA

COMMERCIAL DIVISION ORIGINAL SIDE AP-COM/139/2025 SREI EQUIPMENT FINANCE LIMITED VS MARINA PILING COMPANY PVT LTD AND ANR

BEFORE

HON'BLE JUSTICE GAURANG KANTH Date: November 17, 2025.

Appearance:- Mr. Swatarup Banerjee, Adv.

Mr. Sariful Haque, Adv.

Ms. Tapasika Bose, Adv.

...for petitioner.

The Court:- The learned receiver submitted a report stating that the possession of the hypothecated vehicle was taken on 16.09.2025. The report also indicates that the said assets were kept under the custody of Shriram Automall Pamvel.

In the present matter, this Court had granted interim order in favour of the petitioner on 16.04.2025. In terms of Section 9(2) of the Arbitration and Conciliation Act, 1996, the arbitral proceedings are required to commence within 90 days from the date of said order or within such further time as may be determined by the Court.

Learned counsel for the petitioner submits that the arbitral tribunal has been constituted.

In view thereof, the present petition is disposed of with a direction to the learned arbitrator to treat the present petition as an application under Section 17 of the Arbitration and Conciliation Act, 1996 and to pass appropriate orders in accordance with law.

With the above directions the present petition is disposed of. (GAURANG KANTH, J.) R. D. Barua