Calcutta High Court
Srei Equipment Finance Limited vs Mainul Islam & Anr on 9 August, 2016
Author: Soumen Sen
Bench: Soumen Sen
ORDER SHEET
AP 504 of 2016
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
IN THE MATTER OF :
SREI EQUIPMENT FINANCE LIMITED
Versus
MAINUL ISLAM & ANR.
BEFORE:
The Hon'ble JUSTICE SOUMEN SEN
Date : 9th August, 2016.
Appearance:
Mr. Chayan Gupta, Adv.
The Court : In view of the unsatisfactory report with
regard to substituted service upon the respondents, leave is given
to the petitioner to effect service by paper publication. The petitioner is directed to publish gist of prayers of the petition once in 'The Statesman' and once in 'Bartaman' within a period of two weeks from date. The notice of publication shall clearly specify the returnable date of this application.
A sum in excess of Rs.7 lakhs is due and payable on account of arrear instalments. The petitioner has already 2 terminated the agreement. The agreement contains an arbitration Clause.
There shall be an order in terms of prayer (b) of the petition.
The arbitral proceeding shall be commenced within a period of 90 days from the date of this order, failing which the interim order shall stand automatically vacated.
The matter is adjourned for six weeks. The affidavit of service filed in Court today is taken on record.
(SOUMEN SEN, J.) sp2.