Calcutta High Court
Rockwell Automation India Pvt. Ltd vs Steel Authority Of India Ltd on 7 February, 2023
Author: Shekhar B. Saraf
Bench: Shekhar B. Saraf
ODC 27
ORDER SHEET
AP/666/2022
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL CIVIL JURISDICTION
COMMERCIAL DIVISION
ROCKWELL AUTOMATION INDIA PVT. LTD.
VS
STEEL AUTHORITY OF INDIA LTD.
BEFORE:
The Hon'ble JUSTICE SHEKHAR B. SARAF
Date: 7th February, 2023.
Appearance:
Mr. Anirban Ray, Adv.
Mr. Debraj Sahu, Adv.
Mr. Debargha Basu, Adv.
...for the petitioner
Mr. Tapas Banerjee, Adv.
Mr. Arijit Basu, Adv.
...for the respondent
The Court: Heard counsel appearing on behalf of the parties. Counsel on behalf of the respondent relies on 'Swadesh Kumar Agarwal vs. Dinesh Kumar Agarwal and Others' reported in 2022 SCC On Line SC 556 to indicate that where a dispute/controversy on the mandate of the arbitrator being terminated on the ground mentioned in Section 14(1)(a), such a dispute has to be raised before the Court, defined under Section 2(e) of the Act, 1996 and such a dispute cannot be decided on an application filed under Section 11(6) of the Act, 1996. 2
In my view, this matter requires exchange of affidavits. Accordingly, let affidavit-in-opposition be filed within a period of three weeks from date; reply thereto, if any, within two weeks thereafter. Let this matter appear in the monthly list of April, 2023 under the heading 'For Hearing'.
(SHEKHAR B. SARAF, J.) B.Pal