OCD-1
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
(Commercial Division)
AP/281/2023
SREI EQUIPMENT FINANCE LTD.
Versus
SEIRRA INFRAVENTURE PVT. LTD.
wt2
AP/283/2023
SREI EQUIPMENT FINANCE LTD.
Versus
SEIRRA INFRAVENTURE PVT. LTD.
BEFORE:
The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA
Date : 1st August, 2023.
Appearance:
Mr. Swatarup Banerjee, Adv.
Mr. Sariful Haque, Adv.
Mr. Rajib Mullick, Adv.
Ms. Sonia Mukherjee, Adv.
...for the petitioner
Mr. Rohit Das, Adv.
Ms. Kishwar Rahman, Adv.
Mr. Indradip Das, Adv.
Mr. Preetam Majumdar, Adv.
Ms. Sristi Roy, Adv.
...for the respondent
The Court: Learned counsel appearing for the petitioner had mentioned this matter yesterday for inclusion in the list for interchanging the names of the learned Arbitrators appointed in the two matters. Both the matters were 2 disposed of by a judgment dated 18th July, 2023 in two applications for substitution of the two Arbitrators who had been previously appointed by a co- ordinate Bench. According to counsel, one of the Arbitrators is a junior member of the Bar and the appointment may not be commensurate to the value of the claim.
Although, the appointment of an Arbitrator under a Section 11 or any other application filed by the parties is the prerogative of the Court under the 1996 Act, since an objection has been made on behalf of the petitioner, the names of the Arbitrators are interchanged. This is with reference to paragraph 29 of the judgment. The appointments shall remain unchanged; only the names of the Arbitrators shall be interchanged between the two arbitration petitions.
(MOUSHUMI BHATTACHARYA, J.) bp.