S K P Steel Industries Private Limited And ANR v. Tata Capital Financial Services Limited Company

OCD-16

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction (Commercial Division) ORIGINAL SIDE AP-COM/391/2024 [Old case no. AP/785/2023] S K P STEEL INDUSTRIES PRIVATE LIMITED AND ANR VS TATA CAPITAL FINANCIAL SERVICES LIMITED COMPANY

BEFORE:

The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 16th April, 2024.

Appearance;

Mr. Jit Ray, Adv.

Mr. Dwapayan banerjee, Adv.

Mr. Abir Das, Adv.

Mr. Arik Banerjee, Adv.

Mr. Sumit Biswas, Adv.

Mr. Rajashee Bhowmick, Adv.

The Court: This is an application under Section 34 of the Arbitration and Conciliation Act, 1996. It is admitted by the respondent that the Arbitrator had been unilaterally appointed and there is an infirmity in the award. Accordingly, the impugned award is unsustainable.

In such circumstances, the award dated 24th July, 2023 stands set aside. There shall be an order in terms of prayer (a) of the Notice of Motion. In view of the aforesaid directions, AP-COM/391/2024 [Old case no. AP/785/2023] stands disposed of.

Affidavit of Service be kept with the records. (RAVI KRISHAN KAPUR, J.) S.Bag