Tata Capital Financial Services Limited v. M/S. Royal Automobiles And ORS.

ODC 21 ORDER SHEET AP/183/2022

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL DIVISION TATA CAPITAL FINANCIAL SERVICES LIMITED VS M/S. ROYAL AUTOMOBILES AND ORS.

BEFORE:

The Hon'ble JUSTICE SHEKHAR B. SARAF Date: 17th May, 2022.

Appearance:

Mr. Swatarup Banerjee, Adv.

Mr. Avishek Guha, Adv.

Ms. Akansha Chopra, Adv.

The Court: In spite of service and substituted service by way of newspaper publication, none has appeared on behalf of the respondents in this matter. This is a Section 11 application wherein the arbitration agreement contained in Clause 23 of the Master Terms and Conditions for Channel Finance dated 31st December, 2018 read with Clause 12 of the Loan cum Guarantee Agreement for Channel Finance dated 14th September, 2020 executed between the parties indicates that the jurisdiction is Kolkata and the place of arbitration is also Kolkata.

In view of the above, Mr. Anil Kumar Gupta (Tel. No.9830258546), Advocate, is appointed as Arbitrator. The appointment is subject to submission of declaration by the Arbitrator in terms of Section 12(1) in the form prescribed in

the Sixth Schedule of the Act before the Registrar, Original Side of this Court within four weeks from today.

Let this order be conveyed to the Arbitrator by the Registrar, Original Side forthwith.

AP/183/2022 is, accordingly, disposed of.

(SHEKHAR B. SARAF, J.) B.Pal