Calcutta High Court
Chandra Chur Mukherjee vs Indian Oil Corporation Ltd on 14 November, 2017
Author: Ashis Kumar Chakraborty
Bench: Ashis Kumar Chakraborty
AP 484 of 2017
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
CHANDRA CHUR MUKHERJEE
VERSUS
INDIAN OIL CORPORATION LTD
BEFORE:
The Hon'ble JUSTICE ASHIS KUMAR CHAKRABORTY
Date : 14th November, 2017.
Mr. Ratnanko Banerji,Sr. Advocate appears.
Mr. Reetabroto Mitra,Advocate appears.
Mr. Avinash Kankani,Advocate appears.
Ms. Sreya Basu Mallick,Advocate appears.
Mr. Souma Sil,Advocate appears.
The Court :- This is an application under Section 34 of the Arbitration and
Conciliation Act, 1996 (in short "the Act of 1996").
From the affidavit of service filed on behalf of the petitioner, it appears that
a copy of the application as forwarded to the respondent has been received by the
latter. However, none appears for the respondent to oppose this application.
Let the affidavit of service filed on behalf of the petitioner be kept on record. The petitioner has prayed for setting aside of the award dated March 23, 2017 passed by the learned sole Arbitrator. In so far as the same directed the petitioner to pay Rs. 21,18,912/- to the respondent on account of its security bills.
The arbitral proceeding had commenced before the Amending Act 3 of 2015 came into force. Accordingly, this original provisions of the Act of 1996 are applicable to this case.
2
Although the respondent remains unrepresented before this Court, but in the interest of justice an opportunity is granted to it to file the affidavit-in- opposition by December 8, 2017; reply, if any, thereto be filed by January 5, 2018.
Let this application appear under the heading "Adjourned Motion", in the monthly list of January, 2018.
The petitioner shall communicate this order to the respondent at its Kolkata Office, by speed post with A/D, as well as by way of personal service.
It is made clear that in spite of communication of this order, no affidavit- in-opposition is filed on behalf of the respondent, this application may be decided without any affidavit-in-opposition.
The petitioner shall file an affidavit of service on the next date of hearing.
(ASHIS KUMAR CHAKRABORTY, J.) S.Chandra