K. N. Developers And Buildcon Private Limited v. Srei Equipment Finance Limited

OD - 28 AP/187/2023

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE K.N. DEVELOPERS AND BUILDCON PRIVATE LIMITED -VersusSREI EQUIPMENT FINANCE LIMITED BEFORE :

THE HON'BLE JUSTICE SABYASACHI BHATTACHARYYA Date : 10th April, 2023 Appearance :

Ms. Neelina Chatterjee, Adv.

Mr. Suvodeep Chakraborty, Adv.

...for the petitioner.

Mr. Sourojit Dasgupta, Adv.

Mr. Rajib Mullick, Adv.

Mr. Biswaroop Ghosh, Adv.

...for the respondent.

The Court : Affidavit of service filed today in Court is kept on record.

It is submitted jointly by learned counsel for the parties that vide order dated August 30, 2022, a co-ordinate Bench of this Court had disposed of an application under Section 9 of the Arbitration and Conciliation Act, 1996 (AP/197/2022) recording that the parties may refer the matter to arbitrator.

It is also seen from Clause 18(m) of the said agreement that the same clearly contains an arbitration clause,

within the purview of which the present dispute falls. Hence, AP/187/2023 is allowed, thereby appointing Justice Aloke Chakraborty, a former Judge of this Court, residing at Uniworld City Horizons, Tower 4, Flat No. 203, New Town, Kolkata - 700 135 (Mobile no. 98316 44202) as the sole Arbitrator to resolve the disputes between the parties, subject to obtaining consent/declaration from the proposed Arbitrator under Section 12 of the 1996 Act.

(SABYASACHI BHATTACHARYYA, J.) S.Das/As.