M/S Express Infratech Pvt Ltd And ANR v. M/S Srei Equipment Finance Ltd

ORDER

OCD - 25

IN THE HIGH COURT AT CALCUTTA

COMMERCIAL DIVISION ORIGINAL SIDE IA NO. GA-COM/1/2026 IN AP-COM/640/2024 M/S EXPRESS INFRATECH PVT LTD AND ANR VS M/S SREI EQUIPMENT FINANCE LTD

BEFORE:

The Hon'ble JUSTICE GAURANG KANTH Date: 4th February 2026.

Appearance:- Mr. Tapan Cooman Dey, Adv.

Mr. V.N. Jha, Adv.

Ms. Shreya Chatterjee, Adv.

...for petitioner.

Mr. Swatarup Banerjee, Adv.

Mr. Sariful Haque, Adv.

Mr. Saubhik Chowdhury, Adv.

Ms. S. Mallick, Adv.

...for respondent.

The Court:- This Court, vide order dated 18th November 2025, with the consent of the parties had appointed Mr. Justice Ashok Kumar Ganguly (retired) as the sole arbitrator to adjudicate the disputes and differences between the parties. The parties had approached the learned arbitrator who, vide letter dated 05.12.2025, had intimated his inability to act as an arbitrator since he is already handling arbitrations relating to Srei Equipment Finance Limited. In view of this, he had declined to accept the appointment.

The parties have consented to the appointment of Mr. Justice I. P. Mukerji (retired) as the sole arbitrator to adjudicate the disputes between the parties. The learned arbitrator shall fix his remuneration in terms of the Fourth Schedule of the Arbitration and Conciliation Act, 1996. The sole arbitrator shall be at liberty to decide all the disputes between the parties.

All issues are left open for consideration before the duly constituted arbitral tribunal.

With the above direction, the present application is disposed of. A copy of this order shall be communicated to the sole arbitrator to act accordingly.

[GAURANG KANTH, J.] R. D. Barua