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Calcutta High Court

Texmaco Rail And Engineering Ltd vs Bangladesh Railway Rep. By The Project ... on 15 February, 2022

Author: Ravi Krishan Kapur

Bench: Ravi Krishan Kapur

ODC-6
                               AP/26/2022
                     IN THE HIGH COURT AT CALCUTTA
                   ORDINARY ORIGINAL CIVIL JURISDICTION
                              ORIGINAL SIDE
                          [COMMERCIAL DIVISION]



               TEXMACO RAIL AND ENGINEERING LTD
                               VS
 BANGLADESH RAILWAY REP. BY THE PROJECT DIRECTOR REHABILITATION
                OF KULAURA SHAHBAZPUR SECTION



  BEFORE:
  The Hon'ble JUSTICE RAVI KRISHAN KAPUR
  Date : 15th February, 2022.

                                                                             Appearance:
                                                             Mr. Dhruba Ghosh, Sr. Adv.
                                                                Mr. Rajarshi Dutta, Adv.
                                                                  Mr. V.V.V. Sastry, Adv.
                                                                  Mr. Nischay Mall, Adv.

      The Court : This is an application under Section 9 of the Arbitration and

Conciliation Act, 1996.

      By an order dated 3 February, 2022, this Court had entertained this

application and also passed an order in terms of prayer (c) of the Notice of

Motion.

       None appears on behalf of the respondent nor is any accommodation

prayed for on their behalf. An Affidavit of Service filed on behalf of the petitioner be kept with the records. It appears from the earlier orders that notwithstanding having effected service on three prior occasions on the respondent, the respondent has chosen not to appear in this proceeding. 2

In view of the aforesaid, the interim order dated 3 February, 2022 is confirmed. The petitioner is directed to take appropriate steps in accordance with law.

Accordingly, AP 26 of 2022 stands disposed of.

(RAVI KRISHAN KAPUR, J.) SK.