Ramendra Narayan Thakur v. Srei Equipment Finance Ltd

ORDER SHEET OD-1 APOT/44/2022 WITH AP/59/2022 IA NO:GA/1/2022

IN THE HIGH COURT AT CALCUTTA

CIVIL APPELLATE JURISDICTION ORIGINAL SIDE

IN THE MATTER OF:

RAMENDRA NARAYAN THAKUR VS.

SREI EQUIPMENT FINANCE LTD.

..........

BEFORE:

The Hon'ble JUSTICE I. P. MUKERJI The Hon'ble JUSTICE ANIRUDDHA ROY Date : 14th March, 2022 Mr. Gobinda Kar, Adv...for appellant.

Mr. Satarup Banerjee, Mr. Subhankar Chakraborty, Ms. Saptarshi Bhattacharjee, Ms. Ruchira Manna, Advs...for respondent. The Court : Section 9(3) of the Arbitration and Conciliation Act, 1996, after its amendment in 2016 with effect from 23rd October, 2015 reads as follows : "S.9(3). Once the arbitral tribunal has been constituted, the court shall not entertain an application under sub-section (1), unless the court finds that circumstances exist which may not render the remedy provided under Section 17 efficacious." It is an admitted position that the arbitral tribunal has been constituted. In those circumstances, we are of the view that the learned judge has rightly passed the impugned judgment and order dated 24th February, 2002 refusing to entertain the section 9 application.

We do not think it fit to admit this appeal.

The appeal and the connected application are dismissed accordingly. (I.

P. MUKERJI, J) (ANIRUDDHA ROY , J) pkd.