Calcutta High Court
M/S. Bagchi Transport Company & Anr vs M/S. Srei Infrastructure Finance Ltd on 2 March, 2009
Author: Indira Banerjee
Bench: Indira Banerjee
ORDER SHEET
A.P. No.94 of 2009
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL CIVIL JURISDICTION
ORIGINAL SIDE
M/S. BAGCHI TRANSPORT COMPANY & ANR.
-Versus-
M/S. SREI INFRASTRUCTURE FINANCE LTD.
Mr. Samir Kumar Dhar, Advocate,
... for the petitioners.
Mr. Satarup Banerjee, Advocate,
... for the respondent.
Before The Hon'ble Justice INDIRA BANERJEE 02.03.2009 Mr. Banerjee, learned Advocate appearing on behalf of the respondent/financier, submits on instructions that an application under Section 9 of the Arbitration and Conciliation Act, 1996, hereinafter referred to as the 1996 Act, has earlier been filed by the financier in the City Civil Court at Calcutta.
The particulars of the proceedings shall be furnished to the learned Advocate appearing on behalf of the petitioners in course of the day.
In view of Section 42 of 1996 Act, which provides that once an application under the first part of the 1996 Act is filed in any particular Court, all subsequent applications are to be filed in that Court alone, this Court declines to exercise jurisdiction.
The application is, accordingly, dismissed. 2 The dismissal of this application will not prevent the petitioners from filing an application in City Civil Court at Calcutta, if so advised.
Urgent certified copy of this order be supplied to the parties, if applied for, upon compliance of the requisite formalities.
(INDIRA BANERJEE, J.) K.Banerjee Assistant Registrar (C.R.)