Calcutta High Court
Shantanu Sarkar vs Srei Equipments Finance Pvt. Ltd. & Anr on 20 December, 2019
Author: Ashis Kumar Chakraborty
Bench: Ashis Kumar Chakraborty
OD-68
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
A.P. No. 312 of 2019
SHANTANU SARKAR
Versus
SREI EQUIPMENTS FINANCE PVT. LTD. & ANR.
BEFORE:
The Hon'ble JUSTICE ASHIS KUMAR CHAKRABORTY
Date : 20th December, 2019
Appearance:
Ms. Rituparna Mazumdar, Adv.
...for the petitioner
Mr. Swatarup Banerjee, Adv.
Mr. R.N. Ghose, Adv.
Ms. Ankita Mukherjee, Adv.
...for the respondents
The Court: As directed by this Court, the Arbitrator has sent the records of the arbitral proceeding to this Court.
In this application under Section 34 of the Arbitration and Conciliation Act, 1996 the petitioner seeks to challenge the award made by the sole Arbitrator on April 24, 2012 directing payment of Rs.35,11,078/- by the present petitioner to the present respondent.
It is the case of the petitioner that he did not receive the award from the Arbitrator and he came to know about the arbitral award only after being served with a copy of the execution application.
In view of the above allegation made by the petitioner, this Court directed the Arbitrator to produce all the records of the arbitral proceeding before this Court. Today the records of the arbitral proceeding have -2- been submitted to this Court. From the records of the arbitral proceeding it is evident that the Arbitrator forwarded the copies of the arbitral awards made on April 24, 2012 to both the respondents in the arbitral proceeding, being the present petitioner and as well as the proforma respondent and the postal authority returned the envelopes with the endorsement that the addressees had left their address. However, from the cause title of the present application it is evident that the petitioner is residing at the same address where the Arbitrator had forwarded the arbitral award by Registered Post with A/D. Accordingly, in view of the provisions contained in Section 3 of the Arbitration and Conciliation Act, 1996 it shall be deemed that the petitioner was duly served with a copy of the arbitral award.
For the reasons aforesaid, there is no scope of entertaining this belated application filed by the petitioner on May 14, 2019 to challenge the arbitral award made and published on April 24, 2012. Thus the application, A.P. No. 312 of 2019 stands dismissed. The records of the arbitral proceeding forwarded by the Arbitrator be kept in a sealed cover.
(ASHIS KUMAR CHAKRABORTY, J.) TO