Kesoram Industries Ltd v. Subir Kumar Mukhopadhyay

OD 5 ORDER SHEET IA NO.GA/1/2023 WITH AP/578/2022 In RVWO/28/2023

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE KESORAM INDUSTRIES LTD.

VS SUBIR KUMAR MUKHOPADHYAY

BEFORE:

The Hon'ble JUSTICE SHEKHAR B. SARAF Date: 17th July, 2023.

Appearance:

Mr. Tridib Bose, Adv.

Mr. Debjyoti Saha, Adv.

...for the review petitioner The Court: Counsel on behalf of the applicant in this review application has sought for a clarification that the observations made in the order under review should not influence the Arbitrator.

It is trite law that the applicant has sufficient and more rights under the Arbitration Act to challenge the jurisdiction of the Arbitrator and the observations that have been made by me while appointing the Arbitrator are really of no

consequence before the Arbitrator when he decides his own jurisdiction. This review application is not maintainable. Accordingly, the same is dismissed. (SHEKHAR B. SARAF, J.) B.Pal