Calcutta High Court
Srei Equipment Finance Ltd vs Seirra Infraventure Pvt. Ltd on 3 July, 2023
Author: Moushumi Bhattacharya
Bench: Moushumi Bhattacharya
OCD-30
ORDER SHEET
AP/324/2023
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
(Commercial Division)
SREI EQUIPMENT FINANCE LTD.
Versus
SEIRRA INFRAVENTURE PVT. LTD.
BEFORE:
The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA
Date : 3rd July, 2023.
Appearance:
Mr. Swatarup Banerjee, Adv.
Mr. Rajib Mullick, Adv.
Mr. Sariful Haque, Adv.
Mr. Biswarup Ghosh, Adv.
Ms. Sonia Mukherjee, Adv.
Mr. Rohit Das, Adv.
Mr. Indradip Das, Adv.
The Court: The petitioner seeks extension of the Arbitrator's mandate
under Section 29-A of the 1996 Act. The mandate under Section 29-A(1) came
to an end on 1st May, 2023 and the respondent refused to give consent under
Section 29-A(3) when the time came for extension of the mandate by six months.
The petitioner claims to have entered CIRP on 8th October, 2021 and learned counsel hence claims the benefit of Section 60(6) of the IBC, 2016 2 where all suits and applications filed by or against the corporate debtor shall be protected from all laws of limitation under the existing laws.
Affidavit-in-opposition, as prayed for, be filed by 7th July, 2023; reply thereto, if any, may be filed within 12th July, 2023. List this matter on 13th July, 2023.
(MOUSHUMI BHATTACHARYA, J.) bp.