Srei Equipment Finance Limited vs Bge Mining Pvt. Ltd. And Another
2025 Latest Caselaw 1426 Cal/2

Calcutta High Court

Srei Equipment Finance Limited vs Bge Mining Pvt. Ltd. And Another on 12 March, 2025

Author: Shampa Sarkar

Bench: Shampa Sarkar

OCD-12
ORDER SHEET

                   IN THE HIGH COURT AT CALCUTTA
                        COMMERCIAL DIVISION
                            ORIGINAL SIDE

                         AP-COM/573/2024
                  SREI EQUIPMENT FINANCE LIMITED
                                VS
                 BGE MINING PVT. LTD. AND ANOTHER


BEFORE:
The Hon'ble JUSTICE SHAMPA SARKAR
Date : 12th March, 2025.
                                                                  Appearance:
                                                 Mr. Swatarup Banerjee, Adv.
                                                      Mr. Sariful Haque, Adv.
                                                      Mr. Rajib Mullick, Adv.
                                                  Mr. Biswaroop Ghosh, Adv.
                                                                For petitioner
                                                     Mr. Snehashis Sen, Adv.
                                                 Mr. Abhishek Banerjee, Adv.
                                                         For respondent No.2

1. Affidavit-in-opposition is taken on record.

2. Mr. Snehashis Sen, learned advocate for the respondent no.2

submits that the respondent no.2 has filed a suit. The petitioner

filed an application under Section 8 of the Arbitration and

Conciliation Act, 1996. The application has been heard, but

reserved for judgment.

3. In any event, the petitioner submitted on the last occasion that

this application shall be restricted to the respondent no.1 alone.

4. Despite service, none appears on behalf of the respondent no.1.

5. Under such circumstances, fresh notice be issued upon the

respondent no.1. This Court is of the view that the pendency of the

suit between the petitioner and the respondent no.2 should not be

any deterrent for the referral Court to refer the dispute to

Arbitration, in respect of the dispute between the petitioner and

the respondent no.1.

6. With this prima facie view, this Court fixes the hearing of the

matter on 24th March, 2025. One more chance is being given to the

respondent no.1 to appear before this Court.

7. A notice along with a copy of the application and copy of this order

be served upon the respondent no.1.

8. It is made clear that, if none appears despite service, for the

respondent no.1, the matter will be taken up and disposed of.

9. The name of the respondent no.2 be expunged from the array of

respondents in the application. However, this direction is not to be

construed either as the observation or the opinion of the Court, as

to whether the suit pending between the petitioner and the

respondent no.2, is referable to arbitration as per Section 8 of the

Arbitration and Conciliation Act, 1996 or not.

10. Learned advocate-on-record for the petitioner shall make such

correction here and now.

(SHAMPA SARKAR, J.)

Sb/pa