Srei Equipment Finance Ltd vs Seirra Infraventure Pvt. Ltd
2023 Latest Caselaw 1786 Cal/2

OCD-1
                                ORDER SHEET

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

                                 AP/281/2023

                       SREI EQUIPMENT FINANCE LTD.
                                  Versus
                      SEIRRA INFRAVENTURE PVT. LTD.

                                      wt2

                                 AP/283/2023

                       SREI EQUIPMENT FINANCE LTD.
                                  Versus
                      SEIRRA INFRAVENTURE PVT. LTD.


  BEFORE:
  The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA
  Date : 1st August, 2023.

                                                                       Appearance:
                                                      Mr. Swatarup Banerjee, Adv.
                                                           Mr. Sariful Haque, Adv.
                                                            Mr. Rajib Mullick, Adv.
                                                        Ms. Sonia Mukherjee, Adv.
                                                                ...for the petitioner

                                                               Mr. Rohit Das, Adv.
                                                       Ms. Kishwar Rahman, Adv.
                                                            Mr. Indradip Das, Adv.
                                                      Mr. Preetam Majumdar, Adv.
                                                               Ms. Sristi Roy, Adv.
                                                              ...for the respondent

The Court: Learned counsel appearing for the petitioner had mentioned

this matter yesterday for inclusion in the list for interchanging the names of

the learned Arbitrators appointed in the two matters. Both the matters were

disposed of by a judgment dated 18th July, 2023 in two applications for

substitution of the two Arbitrators who had been previously appointed by a co-

ordinate Bench. According to counsel, one of the Arbitrators is a junior

member of the Bar and the appointment may not be commensurate to the

value of the claim.

Although, the appointment of an Arbitrator under a Section 11 or any

other application filed by the parties is the prerogative of the Court under the

1996 Act, since an objection has been made on behalf of the petitioner, the

names of the Arbitrators are interchanged. This is with reference to paragraph

29 of the judgment. The appointments shall remain unchanged; only the

names of the Arbitrators shall be interchanged between the two arbitration

petitions.

(MOUSHUMI BHATTACHARYA, J.)

bp.