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Calcutta High Court

Limited vs Bengal Energy Limited on 7 November, 2024

Author: Shampa Sarkar

Bench: Shampa Sarkar

OCD -27

                            AP-COM/695/2024

                    IN THE HIGH COURT AT CALCUTTA
                  ORDINARY ORIGINAL CIVIL JURISDICTION
                             ORIGINAL SIDE
                          (Commercial Division)


                                     ELLENBARRIE INDUSTRIAL GASES
                                     LIMITED.

                                              -VERSUS-

                                     BENGAL ENERGY LIMITED.

  BEFORE:
  The Hon'ble JUSTICE SHAMPA SARKAR
  Date: 7th November, 2024

                                                                   Appearance:
                                                      Mr. Rishav Banerjee, Adv.
                                                        Mr. A. K. Awasthi, Adv.
                                                             Ms. P. Shaha, Adv.
                                                             ...for the Petitioner.

                                             Mr. Rudraman Bhattacharyya, Adv.
                                                    Mr. Sourajit Dasgupta, Adv.
                                                  Mr. Aasish Chowdhbury, Adv.
                                                         Ms. Uma Bagree, Adv.
                                                           ...for the respondent.

The Court: The interim order which has been passed by a predecessor Judge is well reasoned. There has not been any appeal therefrom. An arbitrator has been appointed.

Under such circumstances, the interim order will continue for a period of three months. In the meantime, the petitioner will approach the learned arbitrator by filing an application under Section 17 of the Arbitration and Conciliation Act, 1996b with interim prayers. The learned arbitrator is requested to decide the scope of the interim prayers made 2 and dispose of the application within the aforesaid period of three months independently, without being influenced by the observations made in the order dated July 19, 2024 passed in AP-COM/695/2024.

Accordingly, AP-COM/695/2024 is disposed of. All parties are to act on the basis of server copy of this order.

(SHAMPA SARKAR, J.) A/s.