Green Alpha Assets Pvt Ltd And ANR v. Poonawalla Fincorp Ltd

ORDER

OD-3 AP/249/2022

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION GREEN ALPHA ASSETS PVT. LTD. AND ANR.

VERSUS

POONAWALLA FINCORP LTD.

BEFORE:

THE HON'BLE CHIEF JUSTICE PRAKASH SHRIVASTAVA DATE : 17TH JUNE, 2022 APPEARANCE:

Mr. Satadeep Bhattacharyya, Advocate Ms. Sonia Sharma, Advocate ......for the applicants.

Mr. Paritosh Sinha, Advocate Mr. K. K. Pandey, Advocate Mr. S. B. Dasgupta, Advocate Ms. Enakshi Saha, Advocate ....for the respondent The Court:- This application under Section 11 read with Section 14 of the Arbitration and Conciliation Act, 1996 was filed by the applicant with a prayer for terminating the mandate of the arbitrator, Mr. Sandip Ghosh, Advocate.

Learned counsel for the applicants has informed that subsequently on 2.5.2022, the aforesaid arbitrator has withdrawn with immediate effect and has terminated the mandate under Section 15(1)(a) of the Act. In view of this, the main prayer made in this application does not survive.

So far as the prayer in terms of Section 11 is concerned, it has been pointed out by learned counsel for the respondent that no arbitration agreement has been placed on record and no notice invoking the arbitration clause has been served.

Having regard to the aforesaid, the present application is disposed of by taking on record the subsequent development and leaving other issues open. (PRAKASH SHRIVASTAVA, C.J.) sm/akg