Srei Equipment Finance Limited vs T.K. Engineering Consortium Pvt. ...
2022 Latest Caselaw 2568 Cal/2

OD 5

                              ORDER SHEET
                               EC/277/2022
                     IN THE HIGH COURT AT CALCUTTA
                   ORDINARY ORIGINAL CIVIL JURISDICTION
                              ORIGINAL SIDE


                     SREI EQUIPMENT FINANCE LIMITED
                                  VS
             T.K. ENGINEERING CONSORTIUM PVT. LTD. AND ANR.



  BEFORE:
  The Hon'ble JUSTICE SHEKHAR B. SARAF
  Date: 26th September, 2022.



                                                                        Appearance:
                                                       Mr. Swatarup Banerjee, Adv.
                                                            Ms. Indrani Basak, Adv.


       The Court: This is an execution application in relation to an arbitration

award passed on 29th April, 2022 by a sole Arbitrator appointed by the petitioner

company. It is to be noted that the respondents in the arbitration had cited the

Supreme Court's judgments in Perkins Eastman Architects DPC & Anr. vs. HSCC

(India) Limited reported in (2019) 9 SCC Online SC 1517 and TRF Limited vs.

Energo Engineering Projects Ltd. reported in (2017) 8 SCC 377. The Arbitrator

had dismissed the plea of the respondents and had proceeded to pass the award.

In my view, this award is subject to challenge under Section 34 and the

date of receipt of the certified copy of the award as provided in page 81 of the

execution application not being clear, in my view, this execution application

should be taken up after vacation. It also appears that an affidavit of service has

been filed wherein the respondents have received a copy of the execution petition.

The petitioner is directed to once again intimate the respondents that the

matter shall be taken up after vacation on 14th December, 2022.

The Arbitrator is also directed to send to the Court all the documents in

relation to the said arbitration.

(SHEKHAR B. SARAF, J.) B.Pal