[Cites 2, Cited by 0]
Calcutta High Court
Srei Equipment Finance Limited vs Rajesh Lihala on 10 February, 2026
Author: Shampa Sarkar
Bench: Shampa Sarkar
OCD 6
ORDER SHEET
AP-COM/801/2025
IN THE HIGH COURT AT CALCUTTA
COMMERCIAL DIVISION
ORIGINAL SIDE
SREI EQUIPMENT FINANCE LIMITED
VS
RAJESH LIHALA
BEFORE:
The Hon'ble JUSTICE SHAMPA SARKAR
Date: 10th February, 2026.
Appearance:
Mr. Swatarup Banerjee, Adv.
Mr. Sariful Haque, Adv.
Mr. Subhankar Chakraborty, Adv.
Ms. Harshita Nath, Adv.
...for the petitioner
The Court:
1. The disputes between the parties arise out of the Loan Agreement dated
November 1, 2018. A loan agreement was entered into between the parties
bearing agreement No.173326 dated November 1, 2018. The said agreement
provides for resolution of disputes between the parties through arbitration.
2. Clause 9.11 of the agreement for loan specifies that each and every
dispute or difference arising out of the agreement including any dispute with
regard to outstanding dues, shall be resolved by arbitration. The arbitration shall
be conducted in accordance with the provisions of the Arbitration and
2
Conciliation Act, 1996 and the rules framed thereunder. A single arbitrator to be
appointed by the lender to adjudicate the dispute. The clause provides that the
arbitration shall be held at Kolkata. The petitioner seeks appointment of an
arbitrator to adjudicate the dispute arising out of the said agreement. A notice
invoking arbitration was issued on July 11, 2025, which was duly delivered upon
the respondents. The respondent had replied to the said notice by letter dated
July 29, 2025 not agreeing to the appointment of the proposed arbitrator.
The postal track report has been annexed to this application. This
application was not served upon the respondents, despite several attempts by the
postal authorities.
3. Under such circumstances, this Court had directed publication in two
widely circulated dailies one in English and the other in Hindi. The same has
been done. The affidavit of service enclosing copies of the paper publication are
taken on record.
4. It is submitted that the respondents defaulted in making payments of
the monthly instalments and thus, committed breach of the terms and conditions
of the agreement. The agreement was terminated by a notice dated July 4, 2022.
In view of the aforementioned disputes, the petitioner seeks reference of the
matter to a sole arbitrator. The prayer is allowed.
5. All questions with regard to arbitrability of the dispute, admissibility of
the claim, limitation etc. are kept open, to be decided by the learned arbitrator, if
raised.
6. Under such circumstances, the Court appoints Justice Sahidullah
Munshi, former Judge of this Court, as the Arbitrator, to arbitrate upon the
disputes between the parties. This appointment is subject to compliance of
Section 12 of the Arbitration and Conciliation Act, 1996. The learned Arbitrator
shall fix his own remuneration as per the Schedule of the Act.
7. AP-COM/801/2025 is, accordingly, disposed of.
(SHAMPA SARKAR, J.)
B.Pal
