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Calcutta High Court

Rockwell Automation India Pvt Ltd vs Steel Authority Of India Ltd on 20 November, 2018

Author: Ashis Kumar Chakraborty

Bench: Ashis Kumar Chakraborty

OD-7
                                AP 782 of 2018

                        IN THE HIGH COURT AT CALCUTTA
                    Ordinary Original Civil Jurisdiction
                                ORIGINAL SIDE


                      ROCKWELL AUTOMATION INDIA PVT LTD
                                    Versus
                         STEEL AUTHORITY OF INDIA LTD


        BEFORE:
        The Hon'ble JUSTICE ASHIS KUMAR CHAKRABORTY
        Date : 20th November, 2018.
                                                                      Appearance:
                                                            Mr. Anirban Ray, Adv.
                                                         Mr. Debangshu Basu, Adv.

                                                     Mr. Tapash Banerjee, Adv.
                                                        Mr. Souvik Nandy, Adv.

         The Court : This is an application under Section 11(6) of the

Arbitration & Conciliation Act, 1996, as amended by Act No.3 of

2016 (in short, "the Act of 1996").

         One   of   the   grounds    urged    by   the    petitioner   in    this

application is that the arbitration agreement between the parties

contemplates that the Managing Director of the respondent shall

appoint the Arbitrator but in the present case it was the Chief Executive Officer of the respondent who has appointed the Arbitrator.

As prayed for by Mr. Banerjee, let the respondent file its affidavit-in-opposition within December 3, 2018; reply thereto, if any, be filed within December 10, 2018.

Let this application in the list on December 11, 2018.

(ASHIS KUMAR CHAKRABORTY, J.) s.pal