Srei Equipment Finance Limited v. Sew Infrastructure Limited And ANR

OC-9 ORDER SHEET AP/317/2023

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE SREI EQUIPMENT FINANCE LIMITED

Versus

SEW INFRASTRUCTURE LIMITED AND ANR.

BEFORE:

The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA Date : July 6, 2023.

Appearance:

Mr. Swatarup Banerjee, Adv.

Mr. Sariful Haque, Adv.

Mr. Subhankar Chakraborty, Adv.

Ms. Ruchira Manna, Adv.

...for the petitioner Mr. Abhishek Banerjee, Adv.

...for the respondents The Court: Learned counsel appearing for the petitioner seeks to withdraw the application on the ground that the Punjab National Bank should have been made a party to the application in view of an agreement entered into between the petitioner and the Punjab National Bank which would make the petitioner only a facilitator to the arbitration. It is evident that this point is an afterthought and perhaps only as a reaction to the respondents' affidavit-in-opposition. Moreover, the application was filed in May, 2023 and this point is being taken in July, 2023.

AP/317/2023 is, accordingly, dismissed as withdrawn with cost of Rs. 30,000/- to be paid to Bharat Sevashram Sangha, Kolkata within a fortnight from date.

Liberty to file afresh.

The affidavit-in-opposition of the respondents is taken on record. (MOUSHUMI BHATTACHARYA, J.) sg.