Varsha Arora v. Idfc First Bank Limited

OCD-1 AP/823/2022

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL DIVISON VARSHA ARORA VS IDFC FIRST BANK LIMITED

BEFORE:

The Hon'ble JUSTICE SHAMPA SARKAR Date : 1st April, 2025.

Appearance:

Mrs. Tutul Das Singh, Adv.

Mr. Ranjit Singh, Adv.

Mr. Amar Singh, Adv.

Mr. Ratul Deb Banerjee, Adv.

Ms. Talat Nazreen, Adv.

. . .for the respondent.

The Court: The matter was mentioned at the instance of the claimant/ award-holder in the earlier round of arbitral proceedings. AP 823 of 2022 is an application under Section 34 of the Arbitration and Conciliation Act, 1996 challenging the award on various grounds including unilateral appointment. The said award was set aside by a coordinate Bench on March 14, 2023 on the ground that the award was a nullity, in EC 197 of 2022. EC 197 of 2022 was filed by the claimant for execution of the award. By an order dated March 14, 2023, a coordinate bench, upon recording consent of the parties, had disposed of the EC 197 of 2022 upon holding that the award was a nullity and appointed another learned Arbitrator to resolve the dispute between the parties.

It is submitted by the respondent that, the arbitration proceeding is going on before the newly appointed Arbitrator. The respondent further submits that AP 823 of 2022, has now become infructuous in view of the order passed on March 14, 2023.

The matter has been mentioned on notice. I accept the contention of the learned advocate for the respondent. Despite service of notice, none appears on behalf of the petitioner.

AP 823 of 2022 is dismissed as infructuous. The orders passed earlier are kept with the records.

(SHAMPA SARKAR, J.) sp/