Mnr. Exports Private Limited And ORS v. Idfc First Bank Limited

OD-4 to 7 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE AP/161/2021 KAYBEE NATURAL RESOURCES PVT. LTD. AND ORS.

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IDFC FIRST BANK LIMITED AP/162/2021 MNR. EXPORTS PRIVATE LIMITED AND ORS.

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IDFC FIRST BANK LIMITED AP/163/2021 KAYBEE NATURAL RESOURCES PVT. LTD. AND ORS.

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IDFC FIRST BANK LIMITED AP/164/2021 MNR. EXPORTS PRIVATE LIMITED AND ORS.

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IDFC FIRST BANK LIMITED

BEFORE:

The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA Date : January 3, 2024.

Appearance:

Mr. Ayan Kumar Boral, Adv.

Mr. Ritoban Sarkar, Adv.

Mr. Ranjit Singh, Adv.

Ms. Pooja Sett, Adv.

The Court: Learned counsel appearing for the petitioners, who was not in Court yesterday, i.e., on 2nd January, 2024, submits that the petitioners (but of course) are more than ready (and willing) to have the Awards set aside without contest.

Even if the position taken by counsel is discounted, it is undisputed that the learned Arbitrator was unilaterally-appointed and that the petitioners were not served with the Minutes of the sittings held by the Arbitrator. It is also arguable whether the impugned awards were delivered to the petitioner. The Court wishes also to record its appreciation to learned counsel appearing for the respondent/award-holder for the assistance given. AP/161/2021, AP/162/2021, AP/163/2021 and AP/164/2021 are accordingly allowed by setting aside the impugned Awards dated 9th November, 2020.

AP/161/2021, AP/162/2021, AP/163/2021 and AP/164/2021 are disposed of in terms of the above.

(MOUSHUMI BHATTACHARYA, J.) sg./kc