Madhucon Projects Limited vs Srei Infrastructure Finance ...
2023 Latest Caselaw 956 Cal/2

ODC-16
                                 ORDER SHEET

                                  AP/172/2023
                               IA NO: GA/1/2023

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

                      MADHUCON PROJECTS LIMITED
                                  VS
                  SREI INFRASTRUCTURE FINANCE LIMITED


  BEFORE:
  The Hon'ble JUSTICE SHEKHAR B. SARAF

Date : 17th April, 2023 Appearance:

Mr. Anubhav Sinha, Adv.

Mr. Rohit Mukherji, Adv.

Mr. Sourajit Dasgupta, Adv.

Mr. Rajib Mullick, Adv.

Mr. Biswaroop Ghosh, Adv.

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 Girish Chandra Gupta, Former

Chief Justice of Calcutta 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/172/2023 is, accordingly, disposed of.

IA NO: GA/1/2023 is also disposed of.

(SHEKHAR B. SARAF, J.)

R.Bhar