Kranti Infra Projects Private ... vs Srei Equipment Finance Limited
2023 Latest Caselaw 954 Cal/2

ODC-15 & 19
                               ORDER SHEET

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

                                AP/165/2023

                KRANTI INFRA PROJECTS PRIVATE LIMITED
                                 VS
                   SREI EQUIPMENT FINANCE LIMITED

                                     AND

                                AP/166/2023

                KRANTI INFRA PROJECTS PRIVATE LIMITED
                                 VS
                   SREI EQUIPMENT FINANCE LIMITED


  BEFORE:
  The Hon'ble JUSTICE SHEKHAR B. SARAF
  Date : 17th April, 2023
                                                                     Appearance:
                                                          Mr. Supriyo Gole, Adv.
                                                        Mr. Zeeshan Haque, Adv.
                                                          Mr. A.K. Awasthi, Adv.
                                                               ...for the petitioner

                                                     Mr. Swatarup Banerjee, Adv.
                                                         Mr. Shariful Haque, Adv.
                                                    Mr. Saubhik Chowdhury, Adv.
                                                         Ms. Tapasika Bose, Adv.
                                                             ...for the respondent

Re. AP/165/2023 :-

The Court: This Section 34 application emanates from an 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 Justice Bhaskar Bhattacharya, Former

Chief Justice of Gujarat High Court 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/165/2023 is, accordingly, disposed of.

Re. AP/166/2023 :-

AP/166/2023 being the Section 36 application herein has accordingly

become infructuous and is treated as disposed of.

(SHEKHAR B. SARAF, J.)

R.Bhar