Madhucon Projects Limited v. Srei Infrastructure Finance Limited

ODC-16 ORDER SHEET AP/172/2023 IA NO: GA/1/2023

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE (Commercial Division) MADHUCON PROJECTS LIMITED VS SREI INFRASTRUCTURE FINANCE LIMITED

BEFORE:

The Hon'ble JUSTICE SHEKHAR B. SARAF Date : 17th April, 2023 Appearance:

Mr. Anubhav Sinha, Adv.

Mr. Rohit Mukherji, Adv.

Mr. Sourajit Dasgupta, Adv.

Mr. Rajib Mullick, Adv.

Mr. Biswaroop Ghosh, Adv.

The Court: This Section 34 application emanates from an award passed by an Arbitrator who has been unilaterally appointed. In light of the judgments in Perkins Eastman Architects DPC v. HSCC (India) Limited reported in (2020) 20 SCC 760, TRF Limited v. Energo Engineering Projects Ltd. reported in (2017) 8 SCC 377 and in Bharat Broadband Network Ltd. v. United Telecoms Ltd. reported in (2019) 5 SCC 755 and also a judgment passed by me in the matter of Cholamandalam Investment and Finance Co. Ltd. versus Amrapali Enterprises and Anr in EC/122/2022, the award is a nullity and is, accordingly, set aside.

Accordingly, this Court appoints Justice Girish Chandra Gupta, Former Chief Justice of Calcutta High Court as the sole Arbitrator in the matter. The appointment is subject to submission of declaration by the Arbitrator in terms of Section 12(1) in the form prescribed in the Sixth Schedule of the Act before the Registrar, Original Side of this Court within four weeks from today.

Let this order be conveyed to the Arbitrator by the Registrar, Original Side forthwith.

AP/172/2023 is, accordingly, disposed of.

IA NO: GA/1/2023 is also disposed of.

(SHEKHAR B. SARAF, J.) R.Bhar