Calcutta High Court
Srei Equipment Finance Limited vs Seirra Infraventure Private Limited on 8 March, 2021
Author: Debangsu Basak
Bench: Debangsu Basak
OC 13
ORDER SHEET
AP 186 of 2020
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL CIVIL JURISDICTION
COMMERCIAL DIVISION
SREI EQUIPMENT FINANCE LIMITED
VS
SEIRRA INFRAVENTURE PRIVATE LIMITED
BEFORE:
The Hon'ble JUSTICE DEBANGSU BASAK
Date: 8th March, 2021.
(Via Video Conference)
Mr. Swatarup Banerjee,
Mr. Saubhik Chowdhury,
Mr. Dripto Majumdar, Advs.
...for the petitioner
Mr. Rohit Das,
Ms. Kishwar Rahman, Advs.
...for the defendant
The Court: Report filed by the receiver be taken on record.
Learned advocate appearing for the petitioner submits that, the petitioner made a
reference under Section 21 of the Arbitration and Conciliation Act, 1996. He submits
that, since the disputes have been referred to arbitration, the petitioner be allowed to
avail of its remedies under Section 17 of the Act of 1996 before the learned arbitrator.
The Receiver be directed to abide by the direction of the learned arbitrator.
Learned advocate appearing for the respondent submits that, the reference is
under challenge. Be that as it may, since there is a reference, it would be appropriate to observe that, the parties are at liberty to avail of their reference before the arbitral tribunal in accordance with law. The arbitral tribunal is at liberty to issue such direction on the learned Receiver as it deems fit and proper.
Since there is a reference pending, AP 186 of 2020 is disposed of. All points raised are kept open.
(DEBANGSU BASAK, J.) TR/ 2