Cuprum Bagrodia Ltd v. Gainwell Commosales Pvt Ltd

OD - 11 ORDER SHEET APO 52 OF 2021 WITH AP 308 OF 2020

IN THE HIGH COURT AT CALCUTTA

Civil Appellate Jurisdiction ORIGINAL SIDE CUPRUM BAGRODIA LTD

VERSUS

GAINWELL COMMOSALES PVT LTD

BEFORE:

The Hon'ble JUSTICE I. P. MUKERJI The Hon'ble JUSTICE MD. NIZAMUDDIN Date : 20TH April, 2021.

Appearance :

Mr. Ranjan Bachawat, Sr. Adv.

Mr. R. Kajaria, Adv.

Mr. D. Ghosh, Adv.

Mr. S. Roy Chowdhury, Adv.

Mr. S. N. Mitra, Sr. Adv.

The Court : This is an appeal from an order passed in an application under Section 9 of the Arbitration & Conciliation Act, 1996 dismissing the application.

Mr. Bachawat, learned senior advocate appearing for the appellant submits that since the institution of the appeal, the arbitral tribunal has been constituted vide the order of this Court passed on 9th March, 2021. The appeal need not be proceeded to it.

In the above situation, this appeal is treated on the day's list dispensing with all formalities. It is disposed of on the basis of the above submission. Needless to say that any observation or finding of this Court in the Section 9 application would only be taken as tentative when the question of final determination of those issues arises before the tribunal. (I. P. MUKERJI, J.) (MD. NIZAMUDDIN, J.) A Dey