Radha Krishna Construction And ORS v. Srei Equipment Finance Limited

OCD - 1

IN THE HIGH COURT AT CALCUTTA

In appeal from its ORIGINAL JURISDICTION CIVIL APPELLATE JURISDICTION [Commercial Division] IA NO: GA / 1/2023 In APOT No. 349 of 2023 with EC / 15 / 2023 RADHA KRISHNA CONSTRUCTION AND ORS.

Versus

SREI EQUIPMENT FINANCE LIMITED Before:

The Hon'ble Justice I. P. MUKERJI And The Hon'ble Justice BISWAROOP CHOWDHURY Date: 4th October, 2023 Appearance:

Mr. Nilanjan Bhattacharjee, Adv.

Mr. Abhishek Gupta, Adv.

Mr. Abhilash Chatterjee, Adv.

Ms. Bristi Chaudhury, Advocate for the appellants Mr. Swatarup Banerjee, Advocate Mr. Sariful Haque, Advocate Mr. Rajib Mulick, Advocate Ms. Sonia Mukherjee, Advocate for the respondent The Court: We refer to our order made yesterday (3rd October, 2023).

This appeal is premature.

The learned single judge in the impugned order has simply adjourned the application of the appellants-petitioners alleging that the arbitral tribunal was not properly constituted and that the award was not received by him.

Learned counsel for the appellants-petitioners submits today that the said application ought to have been heard out first before execution proceedings are entertained by the learned single judge. There is nothing on record that these points were even urged before her ladyship.

This appeal is against an order of adjournment. Such an appeal does not lie.

The appeal and the connected application are disposed of, dispensing with all formalities, with the observation that all arguments which are sought to be made before us may be made before the learned single judge.

All points are kept open.

(I. P. MUKERJI, J.) (BISWAROOP CHOWDHURY, J.) cs.