Castro Engineering Private Limited And ORS. v. Idfc First Bank Limited

ODC-10 ORDER SHEET AP/612/2022 WITH AP/613/2022

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE (Commercial Division) CASTRO ENGINEERING PRIVATE LIMITED AND ORS.

VS IDFC FIRST BANK LIMITED

BEFORE:

The Hon'ble JUSTICE SHEKHAR B. SARAF Date : 13th March, 2023 Appearance:

Mr. Nilanjan Bhattacharjee, Adv.

Mr. Abhilash Chatterjee, Adv.

...for the petitioner Mr. Ranjit Singh, Adv.

Ms. Pooja Sett Chakraborty, Adv.

...for the respondent The Court: Heard Counsel appearing in the Section 34 and the Section 36 applications.

From a bare perusal of the award it appears that the same is a unilateral appointment. In light of the judgments in Perkins Eastman Architects DPC v. HSCC (India) Limited reported in (2020) 20 SCC SCC 760, TRF Limited v. Energo Engineering Projects Ltd. reported in (2017) 8 SCC 377 and in Bharat Broadband Network Ltd. v. United Telecoms Ltd. reported in (2019) 5 SCC 755, the award is a nullity and is, accordingly, set aside.

Parties are free to re-agitate the arbitration proceeding in accordance with law.

AP/612/2022 and AP/613/2022 are disposed of.

(SHEKHAR B. SARAF, J.) R.Bhar