Rashmi Cement Limited vs Radha Bhattad
2023 Latest Caselaw 1317 Cal/2

OCD-7
                                   AP/327/2023

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

                            RASHMI CEMENT LIMITED
                                    Versus
                               RADHA BHATTAD

      BEFORE:
      The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA
      Date : June 8, 2023.

                                                                        Appearance:
                                                         Mr. Soumabho Ghosh, Adv.
                                                         Mr. Sidhartha Sharma, Adv.
                                                                Mr. Rishav Dutt, Adv.
                                                           Mr. Aman Kataruka, Adv.

                                                            Mr. Dyutimoy Paul, Adv.
                                                          Mr. Souryadip Panda, Adv.


        The Court: Heard learned counsel appearing for the petitioner and the

respondent in the application filed under Section 11 of the 1996 Act. Counsel

have argued primarily on the point whether the petitioner, as the buyer would

have to first invoke the provisions of The MSME Act, 2006 under Section 18(1) of

the said Act. The other point is whether the arbitration agreement (the service

contract in the present case) at all exists in light of the respondent allegedly not

acknowledging the same in exchange of letters/correspondence.

Learned counsel appearing for the respondent seeks to rely on Section

7(3)(b) of the 1996 Act in this context.

Lit this matter on 21st June, 2023 under the heading "For Judgment".

(MOUSHUMI BHATTACHARYA, J.) bp.