Mrt Signals Ltd v. Gmr Infrastructure Ltd

OD-5 AP/682/2022

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE MRT SIGNALS LTD.

VERSUS

GMR INFRASTRUCTURE LTD.

BEFORE:

The Hon'ble JUSTICE SHEKHAR B. SARAF Date: 10th April, 2023.

Appearance:

Mr. Abhrajit Mitra, Sr. Adv.

Ms. Rajarshi Kajaria, Adv.

Mr. Satadeep Bhattacharyya, Adv.

Mr. Uttam Sharma, Adv.

...for the petitioner.

Mr. Shourjyo Mukherjee, Adv .

Mr. Sourajit Dasgupta, Adv.

Mr. Vishwarup Acharyya, Adv.

...for the respondent.

The Court: Heard learned Counsel appearing on behalf of the parties. This is an application under Section 14 of the Arbitration & Conciliation Act, 1996. The present arbitration is being conducted by the MSME Facilitation Council and the petitioner herein is the claimant over there. An application has been made by the respondent before the MSME Facilitation Council challenging the jurisdiction of the MSME Facilitation Council.

In my view, this application is premature as the MSME Facilitation Council is yet to decide upon its jurisdiction.

In the light of the same, the application is dismissed. The MSME Council is directed to hear out the application filed by the respondent expeditiously. Once the said order is passed, the parties shall be at liberty to take steps in accordance with law.

(SHEKHAR B. SARAF, J.) S.Pal