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Calcutta High Court

Radha Chemicals vs Union Of India on 6 November, 2017

Author: Sanjib Banerjee

Bench: Sanjib Banerjee, Sabyasachi Bhattacharyya

O-22

                                 APO No. 466 of 2017
                                          in
                                  AP No. 171 of 2007

                       IN THE HIGH COURT AT CALCUTTA
                           Civil Appellate Jurisdiction
                                 ORIGINAL SIDE


                                 RADHA CHEMICALS
                                       Vs.
                                  UNION OF INDIA


  BEFORE:

  The Hon'ble JUSTICE SANJIB BANERJEE

And The Hon'ble JUSTICE SABYASACHI BHATTACHARYYA Date : November 6, 2017.

Appearance Mr. Amitava Ghosh, Adv.

Mr. Sourav Chatterjee, Adv.

Ms. Aparna Banerjee, Adv.

The Court : The grievance of the appellant is that despite the Court of the first instance having virtually remanded the matter for a fresh consideration before a new arbitrator on the question of limitation, conclusive findings have been rendered in the order impugned which may bind the arbitrator. It only needs to be clarified that nothing in the order impugned should influence the arbitrator while he decides on the issue of limitation and the arbitrator will be free to decide on such issue unimpeded by the order impugned herein.

APO No. 466 of 2017 is disposed of with the above observation. There will be no order as to costs.

GA No. 3347 of 2017 is treated as on the day's list and disposed of in view of the above order without any order as to costs.

(SANJIB BANERJEE, J.) (SABYASACHI BHATTACHARYYA, J.) sg.