New Khwaja Optical And Anr vs Tata Capital Flinancial Services ...
2023 Latest Caselaw 890 Cal/2

ODC-20
                                 ORDER SHEET

                                   AP/68/2023

                      IN THE HIGH COURT AT CALCUTTA
                       Ordinary Original Civil Jurisdiction
                                ORIGINAL SIDE
                             (Commercial Division)

                      NEW KHWAJA OPTICAL AND ANR.
                                   VS
                TATA CAPITAL FLINANCIAL SERVICES LIMITED


  BEFORE:
  The Hon'ble JUSTICE SHEKHAR B. SARAF
  Date : 5th April, 2023
                                                                       Appearance:
                                                           Mr. Sujit Banerjee, Adv.
                                                          Mr. Nilay Sengupta, Adv.
                                                                 ...for the petitioner

                                                     Ms. Archana Chowdhury, Adv.
                                                              ...for the respondent

The Court: This Section 34 application emanates from an ex parte award

passed by an Arbitrator who has been unilaterally appointed.

In light of the judgments in Perkins Eastman Architects DPC v. HSCC

(India) Limited reported in (2020) 20 SCC 760, TRF Limited v. Energo

Engineering Projects Ltd. reported in (2017) 8 SCC 377 and in Bharat

Broadband Network Ltd. v. United Telecoms Ltd. reported in (2019) 5 SCC 755

and also a judgment passed by me in the matter of Cholamandalam Investment

and Finance Co. Ltd. versus Amrapali Enterprises and Anr in EC/122/2022, the

award is a nullity and is, accordingly, set aside.

Accordingly, this Court appoints Siddhartha Lahiri, Advocate, Mob.

No.9830082839 as the sole Arbitrator in the matter.

The appointment is subject to submission of declaration by the

Arbitrator in terms of Section 12(1) in the form prescribed in the Sixth

Schedule of the Act before the Registrar, Original Side of this Court within four

weeks from today.

Let this order be conveyed to the Arbitrator by the Registrar, Original

Side forthwith.

AP/68/2023 is, accordingly, disposed of.

(SHEKHAR B. SARAF, J.)

R.Bhar