M/S. Cholamandalam Investment And Finance Company Limited v. Tanmoy Barman And ANR.

ODC-2 ORDER SHEET APO/120/2021 WITH AP/281/2021 IA NO: GA/1/2021

IN THE HIGH COURT AT CALCUTTA

CIVIL APPELLATE JURISDICTION COMMERCIAL DIVISION ORIGINAL SIDE M/S. CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LIMITED VS TANMOY BARMAN AND ANR.

BEFORE:

The Hon'ble JUSTICE I. P. MUKERJI The Hon'ble JUSTICE ANIRUDDHA ROY Date : 5TH October, 2021.

Appearance :

Mr. Soumya Roy, Adv.

Ms. T. Das Singh, Adv.

Mr. A. Singh, Adv.

Ms. P. Sett, Adv.

Mr. R. Singh, Adv.

...For the appellant Mr. A. Ghosh, Adv.

Mr. A. Das, Adv.

..For the respondents The Court : This appeal is admitted. It can be disposed of at the threshold.

We propose to do so dispensing with all formalities. Section 9 (3) of the Arbitration and Conciliation Act, 1996, provides as follows :

"(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." Admittedly, arbitral proceedings have commenced. We dispose of the appeal (APO No.120 of 2021) and the connected stay application (IA No. GA No.1 of 2021) by directing that the cause of

action in this Section 9 application can be urged by way of a Section 17 application before the arbitral tribunal. All points are kept open. (I.

P. MUKERJI, J.) (ANIRUDDHA ROY, J.) A Dey