Srei Equipment Finance Limited And ANR. v. Saurav Misra And ORS.

Serial No. OD - 3 & 4 HIGH COURT AT CALCUTTA (ORIGINAL SIDE) AP/157/2021 IA No.GA/1/2021 (Through Video Conferencing) TRANSFORM STEEL PRIVATE LIMITED .............Applicant(s)/Petitioner(s) Through : Mr. Anuj Singh, Advocate(VC) Ms. Rashmi Singhee, Advocate(VC) Ms. Madhuja Barman, Advocate(VC) Mr. A.K. Singh, Advocate(VC) V/s SREI EQUIPMENT FINANCE LIMITED AND ORS.

.............Respondent(s) Through : Mr. Shaunak Mitra, Advocate(VC) Mr. Saptarshi Manda, Advocate(VC) AP/173/2021 IA No.GA/1/2021 (Through Video Conferencing) SREI EQUIPMENT FINANCE LIMITED AND ANR.

.............Applicant(s)/Petitioner(s) Through : Mr. Shaunak Mitra, Advocate(VC) Mr. Saptarshi Mandal, Advocate(VC) V/s SAURAV MISRA & ORS.

.............Respondent(s) Through : Mr. Anuj Singh, Advocate(VC) Ms. Rashmi Singhee, Advocate(VC) Ms. Madhuja Barman, Advocate(VC) Mr. A.K. Singh, Advocate(VC) Coram : HON'BLE MR. JUSTICE RAJESH BINDAL, CHIEF JUSTICE (ACTING)

O R D E R

1. Applications have been filed in both the matters under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of an Arbitrator.

The dates of hearing of the main applications bearing AP No.157 of 2021 and AP No.173 of 2021 are fixed on September 22, 2021 and September 24, 2021 respectively.

2. Learned counsel for the parties are agreed that during the pendency of the applications before this Court seeking appointment of Arbitrator, the issues stand settled in terms of the agreement signed on July 28, 2021. Both the applications filed for appointment of the Arbitrator can be disposed of in view of the settlement arrived at between the parties as no appointment of Arbitrator is required.

3. In view of the aforesaid submissions made by the learned counsel for the parties, the date for hearing of the main applications stands preponed from September 22, 2021 and September 24, 2021 to today and both applications are taken up on board.

4. The applications filed by both the parties seeking appointment of Arbitrator have been rendered infructuous with the settlement of disputes among them in terms of the settlement arrived at between the parties on July 28, 2021.

5. As agreed, the parent applications being AP 157 of 2021 and AP 173 of 2021 are disposed of.

6. In view of the terms agreed between the parties vide settlement agreement dated July 28, 2021, no further order is required to be passed in the present applications and the same are, accordingly, disposed of. KOLKATA (RAJESH BINDAL) 18.08.2021 CHIEF JUSTICE (ACTING) SN/S. Das