M/S. Sauryajyoti Renewables Pvt. Ltd vs Vsl Re Power Private Limited
2024 Latest Caselaw 2636 Cal/2

Calcutta High Court

M/S. Sauryajyoti Renewables Pvt. Ltd vs Vsl Re Power Private Limited on 20 August, 2024

Author: Sabyasachi Bhattacharyya

Bench: Sabyasachi Bhattacharyya

OD-5
                                 ORDER SHEET

                                     AP/145/2024

                    IN THE HIGH COURT AT CALCUTTA
                  ORDINARY ORIGINAL CIVIL JURISDICTION
                             ORIGINAL SIDE

                 M/S. SAURYAJYOTI RENEWABLES PVT. LTD.
                                   VS
                      VSL RE POWER PRIVATE LIMITED


  BEFORE:
  The Hon'ble JUSTICE SABYASACHI BHATTACHARYYA
  Date: 20th August, 2024.



                                                                       Appearance:
                                                            Mr. Soumya Ray, Adv.
                                                              Mr. Aditya Sen, Adv.
                                                            Mr. Pramit Panda, Adv.
                                                                 ...for the petitioner

                                                   Mr. Prabhat Kr. Srivastawa, Adv.
                                                               ...for the respondent

The Court: Learned counsel for the petitioner, by relying on an

unreported judgment of this Court in AP No.140 of 2023 (Godrej & Boyce Mfg.

Co. Ltd. vs. Shapoorji Pallonji and Company Pvt. Ltd.) argues that although the

present invocation of arbitration arises out of different purchase orders, all of

those were terminated by the self-same single notice, giving rise to the cause of

action for the proposed arbitration. As such, it is contended that a single and

composite application under Section 11 of the Arbitration and Conciliation Act,

1996 is tenable in the eye of law.

Learned counsel for the respondent submits that although the parties

are the same, the purchase orders/service orders in question are separate and

distinct from each other, each of those carrying similar but individual

arbitration clauses. That apart, it is argued that the application is premature,

since it was filed on the 30th day after the notice under Section 21 of the

Arbitration and Conciliation Act, 1996 was received by the respondent.

Learned counsel for the petitioner also seeks to file a supplementary

affidavit. Such leave is granted and the supplementary affidavit filed today

accordingly be kept on record.

On the prayer of learned counsel for the respondent, the respondent is

directed to file a composite affidavit-in-opposition to the application as well as

the supplementary affidavit within a week from date. Reply, if any, shall be

filed within three days thereafter. The matter shall be listed under the

appropriate heading on September 3, 2024.

(SABYASACHI BHATTACHARYYA, J.)

B.Pal