Rashmi Metaliks Ltd. v. Union Of India

OCD-1 & 2 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE (COMMERCIAL DIVISION) AP 482 of 2021 IA No.GA 2 of 2023 UNION OF INDIA & ANR.

VS.

RASHMI METALIKS LIMITED EC 99 of 2022 RASHMI METALIKS LIMITED VS.

UNION OF INDIA

BEFORE:

The Hon'ble JUSTICE ARINDAM MUKHERJEE Date: 8th February, 2024.

Mr. Siddhartha Lahiri, Ms. Amrita Pandey, Advocates for Union of India Mr. Paritosh Sinha, Mr. Amitava Mitra, Ms. Antara Choudhury, Advocates for respondent in AP 482 of 2021.

The Court : The matter being mentioned has been brought in the list in view of the urgency cited. The note given by the learned Registrar, Original Side of this Court which is also with the record is perused. It appears from the said note as also from the submissions made on behalf of the parties that the Hon'ble Supreme Court of India by an order dated 25th January, 2024 passed in Special Leave Petition (Civil) Diary No.49360 of 2023 had set aside the award dated 10th May, 2021 by consent of the parties. Justice V Ramasubramanian, a former Judge of the Supreme Court of India has been appointed as the sole Arbitrator to adjudicate on the disputes arising out of the Wagon Investment Scheme Agreements dated 30th May, 2007 and 15th June, 2007. The parties have been directed to

appear before the learned sole Arbitrator on 15th February, 2024. Considering these facts, the records pertaining to the arbitration proceedings which were brought before this Court in terms of the order dated 13th July, 2022 passed in A.P. 482 of 2021 be sent to the Learned Arbitrator. The parties shall approach the learned Registrar, Original Side of this Court with the address of the learned sole Arbitrator for the records being sent to his office.

This application for setting aside of the award and the execution case being EC 99 of 2022 have been already disposed of by the order dated 25th January, 2024 and as such no further order is required to be passed in the execution application. The registry is directed to take note of the disposal of AP 482 of 2021 and EC 99 of 2022. All pending applications in AP 482 of 2021 and EC 99 of 2022, if any, stand disposed of in terms of the order of the Hon'ble Supreme Court dated 25th January, 2024. (ARINDAM MUKHERJEE, J.) pa