Dcs Limited v. Srei Equipment Finnce Limited

OD-7,8 & 9

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE AP/157/2023 IA NO. GA/1/2023 DCS LIMITED VS.

SREI EQUIPMENT FINANCE LIMITED AP/158/2023 IA NO. GA/1/2023 DCS LIMITED VS.

SREI EQUIPMENT FINANCE LIMITED AP/159/2023 IA NO. GA/1/2023 DCS LIMITED VS.

SREI EQUIPMENT FINANCE LIMITED BEFORE :

THE HON'BLE JUSTICE SABYASACHI BHATTACHARYYA Date : 8th May, 2023 Appearance :

Mr. Dhruba Ghosh, Sr.Adv.

Mr. Dipendra Nath Chunder, Adv.

Mr. Altamash Alim, Adv.

.....for petitioners Mr. Swatarup Banerjee, Adv.

Mr. Sariful Haque, Adv.

Mr. Rajib Mullick, Adv.

Mr. Biswaroop Ghosh, Adv.

...for the respondent The Court : - Clause 18M of the Master Lease Agreement dated November 13, 2017 is the relevant arbitration clause, within the purview of which the present dispute which has arisen between the parties falls.

The matter is otherwise arbitrable as well.

It is submitted by learned Counsel for the parties that all the three applications arise from a common master lease agreement dated November 13, 2017. Copies of the same are handed over by learned Counsel for the respondents.

It is agreed by the parties that one of the three arbitrators appointed previously in connection with other connected applications under Section 11 be appointed as the common Arbitrator for consolidating the present three disputes in arbitration. Accordingly, AP/157/2023, AP/158/2023 and AP/159/2023 are disposed of by appointing Mr. Rajarshi Dutt (Mobile No. 9830128123), a learned Advocate practising in this Court and a member of the Bar Library Club, as the common Arbitrator to resolve the disputes between the parties in all the three matters, subject to obtaining his declaration and consent for three applications under Section 12 of the Arbitration & Conciliation Act, 1996.

GA/1/2023 in each of the matters are accordingly disposed of as well. (SABYASACHI BHATTACHARYYA, J.) pkd./GH