Srei Equipment Finance Limited v. S G Corporation Joint Venture And ORS

ODC-3

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE [Commercial Division] AP-COM/806/2024 SREI EQUIPMENT FINANCE LIMITED VS S G CORPORATION JOINT VENTURE AND ORS

BEFORE:

The Hon'ble JUSTICE SABYASACHI BHATTACHARYYA Date : 3rd October, 2024 Appearance:

Mr. Swatarup Banerjee, Adv.

Mr. Sariful Haque, Adv.

Mr. Rajib Mullick, Adv.

Ms. Sonia Mukherjee, Adv.

...for petitioner The Court:- Learned Counsel for the petitioner submits that when the appointed Arbitrator was approached, he expressed his unwillingness to take up the matter. Accordingly, instead of the erstwhile Arbitrator who was appointed by the order dated September 18, 2024, Justice Md. Nizamuddin, a retired Judge of this court, is appointed as the sole arbitrator to resolve the dispute between the parties, subject to a declaration being obtained under Section 12 of the Arbitration and Conciliation Act, 1996 from the said learned Arbitrator. The learned Arbitrator shall fix his own remuneration in consultation with the parties within the ambit of the 1996 Act and its Fourth Schedule. (SABYASACHI BHATTACHARYYA, J.) SK.