Ramendra Narayan Thakur vs Srei Equipment Finance Ltd
2022 Latest Caselaw 858 Cal/2

                                     ORDER SHEET
OD-1
                                     APOT/44/2022
                                          WITH
                                       AP/59/2022
                                    IA NO:GA/1/2022

                           IN THE HIGH COURT AT CALCUTTA
                            CIVIL APPELLATE JURISDICTION
                                    ORIGINAL SIDE


                                  IN THE MATTER OF:
                             RAMENDRA NARAYAN THAKUR
                                         VS.
                            SREI EQUIPMENT FINANCE LTD.
                                        ..........

BEFORE:

The Hon'ble JUSTICE I. P. MUKERJI The Hon'ble JUSTICE ANIRUDDHA ROY Date : 14th March, 2022

Mr. Gobinda Kar, Adv...for appellant.

Mr. Satarup Banerjee, Mr. Subhankar Chakraborty, Ms. Saptarshi Bhattacharjee, Ms. Ruchira Manna, Advs...for respondent.

The Court : Section 9(3) of the Arbitration and Conciliation Act, 1996, after

its amendment in 2016 with effect from 23rd October, 2015 reads as follows :

"S.9(3). Once the arbitral tribunal has been constituted, the court shall not entertain

an application under sub-section (1), unless the court finds that circumstances exist which

may not render the remedy provided under Section 17 efficacious."

It is an admitted position that the arbitral tribunal has been constituted.

In those circumstances, we are of the view that the learned judge has rightly

passed the impugned judgment and order dated 24th February, 2002 refusing to

entertain the section 9 application.

We do not think it fit to admit this appeal.

The appeal and the connected application are dismissed accordingly.

                                                 (I.    P. MUKERJI, J)



                                                 (ANIRUDDHA ROY , J)
pkd.