Dcs Limited vs Srei Equipment Finance Limited
2023 Latest Caselaw 1271 Cal/2

OD-4-6
                        IN THE HIGH COURT AT CALCUTTA
                         Ordinary Original Civil Jurisdiction
                                  ORIGINAL SIDE

                                IA NO. GA/1/2023
                                 In AP/154/2023

                                 DCS LIMITED
                                     Vs
                       SREI EQUIPMENT FINANCE LIMITED

                                IA NO. GA/1/2023
                                 In AP/155/2023

                                 DCS LIMITED
                                     Vs
                       SREI EQUIPMENT FINANCE LIMITED

                                IA NO. GA/1/2023
                                 In AP/156/2023

                                 DCS LIMITED
                                     Vs
                       SREI EQUIPMENT FINANCE LIMITED

BEFORE:
The Hon'ble JUSTICE SABYASACHI BHATTACHARYYA
Date : 7th June, 2023
                                                                            Appearance:
                                                              Mr. Dhruba Ghosh, Sr. Adv.
                                                        Mr. Dipendra Nath Chunder, Adv.
                                                                        Mr. A. Alim, Adv.
                                                                      ...for the petitioner

                                                                Mr. Swatarup Banerjee, Adv.
                                                                     Mr. Sariful Haque, Adv.
                                                                      Mr. Rajib Mullick, Adv.
                                                                 Mr. Biswaroop Ghosh, Adv.


      The Court:- It is submitted by learned senior counsel appearing for the

applicants that the present matter concerns three applications under Section 11

of the Arbitration and Conciliation Act, 1996. It is submitted that initially orders

were passed in the three applications, appointing separate arbitrators to decide

each of the proceedings.
                                          2

      However, in three subsequent connected matters, the same arbitrator was

appointed, who is also the arbitrator appointed in one of the present

proceedings, on the premise that the master agreement connected all the three

agreements.



      On the same logic, the self-same master agreement connects the present

three matters too. As such, in order to avoid conflict of judgment and

unnecessary wastage of resources, it is submitted that the arbitration

proceedings may be consolidated under a single arbitrator.



      Learned counsel appearing for the respondent opposes the prayer and

seeks continuance of the appointment of different arbitrators.

Although there is some substance in the argument of the applicant to the

effect that there may be a scope of conflict of judgment, the present prayer of the

applicant for appointment of a single arbitrator to decide all the matters and/or

for three arbitrators to be appointed to decide all six matters, ought not to be

granted at this stage.

The first reason for such refusal is that it would undoubtedly be an

embarrassment to the arbitrators as well as this Court, since one of the

arbitrators has already commenced the arbitral proceeding in a matter. That

apart, since consent has already been obtained from the others, who were

appointed in due course of law and there being no irregularity otherwise in such

appointments, the ground taken in the present applications do not furnish

sufficient grounds to necessitate a recall of the previous orders.

In such view of the matter, IA No. GA/1/2023 in AP/155/2023 and IA No.

GA/1/2023 in AP/156/2023 are dismissed.

Insofar as IA No. GA/1/2023 in AP/154/2023 is concerned, the same is

dismissed as withdrawn.

(SABYASACHI BHATTACHARYYA, J.) S.Bag