Srei Equipment Finance Limited vs Dcom Systems Limited And Ors
2023 Latest Caselaw 1228 Cal/2

OD 4


                               ORDER SHEET
                             IA NO.GA/1/2022
                                    In
                               EC/386/2021
                     IN THE HIGH COURT AT CALCUTTA
                   ORDINARY ORIGINAL CIVIL JURISDICTION
                               ORIGINAL SIDE


                      SREI EQUIPMENT FINANCE LIMITED
                                   VS
                      DCOM SYSTEMS LIMITED AND ORS.



  BEFORE:
  The Hon'ble JUSTICE SHEKHAR B. SARAF
  Date: 19th May, 2023.




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

                                                    Ms. Syani Roy Chowdhury, Adv.
                                                          ...for the respondent no.3

The Court: Heard counsel appearing on behalf of the parties. It appears

that the execution application arises out of an arbitration award that was passed

by an Arbitrator who was unilaterally appointed by the parties.

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 Mr. Sayantan Basu, Advocate (Mobile No.

9830084518) as the sole Arbitrator in the matter to resolve the dispute between

the parties.

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.

IA NO: GA/1/2022 and EC/386/2021 are disposed of.

RE: CC/73/2022

By consent of the parties this contempt application filed by the petitioner is

taken as on the day's list.

CC/73/2022 is treated as disposed of as no order is required to be passed

in this matter.

(SHEKHAR B. SARAF, J.) B.Pal