Srei Equipment Finance Limited v. Benita Industries Limited And ANR.

OCD 8 ORDER SHEET AP-COM/270/2025

IN THE HIGH COURT AT CALCUTTA

COMMERCIAL DIVISION ORIGINAL SIDE SREI EQUIPMENT FINANCE LIMITED VS BENITA INDUSTRIES LIMITED AND ANR.

BEFORE:

The Hon'ble JUSTICE SHAMPA SARKAR Date: 15th September, 2025.

Appearance:

Mr. Swatarup Banerjee, Adv.

Mr. Avishek Guha, Adv.

Sk. Sariful Haque, Adv.

Mr. Ankush Majumder, Adv.

Mr. Adipta Kr. Pandit, Adv.

. . .for the petitioner.

Mr. Sirsanya Bandopadhyay, Adv.

Mr. Soham Kumar Roy, Adv.

Mr. Rahul Kumar Singh, Adv.

. . .for the respondents.

The Court: It is submitted that the parties are in the process of settlement. Initially, an injunction was issued and a Receiver was also appointed. The learned Arbitrator has already entered upon the Arbitration. Under such circumstances, this application is disposed of, leaving it open to the parties to make all submissions before the learned Arbitrator and if the disputes are also settled, the same may be placed before the learned Arbitrator. The interim order of injunction restraining the respondent from alienating or transferring or changing the nature and character of the asset will continue for a period of two months or until further order by the learned Arbitrator whichever is earlier.

The learned Receiver who has already been appointed by this Court will act on the basis of further direction of the learned Arbitrator and may be discharged at the discretion of the learned Arbitrator upon such prayer being made by any of the parties or the learned Receiver.

Parties are at liberty to take all steps before the learned Arbitrator. (SHAMPA SARKAR, J.) SP/TR