Haldibari Industries & ... vs Haldibari Tea Manufacturers Ll.P
2022 Latest Caselaw 109 Cal

17.01.2022
Sl. 1                     (Via Video Conference)
Ct.No. 3
Amalranjan
                  IN THE HIGH COURT AT CALCUTTA
                   CIVIL APPELLATE JURISDICTION
                          APPELLATE SIDE

                       (COMMERCIAL DIVISION)

                             FMAT 626 of 2021


             Haldibari Industries & Plantation Company Ltd.
                                    Vs.
                    Haldibari Tea Manufacturers LL.P

                                  With
                             CAN No. 1 of 2021


                  Mr. Srijib Chakraborty
                  Mr. Aditya Mondal
                                                   ...for the respondent

Re: CAN No. 1 of 2021

None appears for the appellant.

Mr. Chakraborty, learned advocate

represents the respondent. He produces before

us a copy of the minutes of the sitting of the

learned arbitral tribunal held on 14 January,

2022.

We note from the said minutes that the

learned arbitrator has observed and directed that

the impugned judgment and order before us

dated 18th September, 2021 in a Section 9

application would continue until further order of

the tribunal. This order was made by the

learned tribunal in an application under Section

17 of the Arbitration and Conciliation Act, 1996.

The arbitral tribunal has been constituted.

A Section 17 application on the self-same

cause of action as in the present Section 9

application is before it awaiting consideration.

An interim order in that application as

noted above is already in force. Hence, this

appeal can no longer be proceeded with. It is

hereby dismissed.

The connected application is also dismissed.

The above minutes of the learned arbitral

tribunal dated 14th January, 2022 is taken on

record.

( Aniruddha Roy,J. ) ( I. P. Mukerji,J. )