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Calcutta High CourtAP/239/2023allowed

Srei Equipment Finance Limited v. C Vijaya Shekar Reddy

2023-05-15Hon'Ble Justice Sabyasachi Bhattacharyya2 pages

OD-7

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE AP/239/2023 SREI EQUIPMENT FINANCE LIMITED VS C VIJAYA SHEKAR REDDY

BEFORE:

The Hon'ble JUSTICE SABYASACHI BHATTACHARYYA Date : 15th May, 2023 Appearance:

Mr. Sarosij Dasgupta, Adv.

Mr. Subhankar Chakraborty, Adv.

Ms. Ruchira Manna, Adv.

...for the petitioner Mr. Noni Gopal Chakraborty, Adv.

Mr. Dibduty Siunha, Adv.

Ms. Juin Dutta Chakraborty, Adv.

...for the respondents The Court:- Learned counsel for the petitioner hands over a printout of the relevant track reports to indicate service of the invocation notice under Section 21 of the Arbitration and Conciliation Act, 1996. Let the same be kept on record. Learned counsel for the petitioner places reliance on Clause 17 of a loan agreement dated June 30, 2022 which contains an arbitral clause, within the purview of which the present dispute between the parties has arisen. Hence, as the dispute is otherwise arbitrable, AP/239/2023 is allowed, thereby appointing Justice Tapan Kumar Dutt (Mobile No. 9831066037), a former Judge of this Court, as the sole arbitrator to resolve the disputes between

the parties, subject to obtaining his declaration/consent under Section 12 of the Arbitration and Conciliation Act, 1996.

(SABYASACHI BHATTACHARYYA, J.) S.Bag