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Calcutta High Court

Odisha Power Generation Corporation ... vs M/S. Techniche Consulting Service And ... on 20 September, 2023

Author: Moushumi Bhattacharya

Bench: Moushumi Bhattacharya

OCD-21
                               ORDER SHEET

                               AP/647/2023
                       IA NO: GA/1/2023, GA/2/2023

                     IN THE HIGH COURT AT CALCUTTA
                      Ordinary Original Civil Jurisdiction
                               ORIGINAL SIDE
                            (Commercial Division)


             ODISHA POWER GENERATION CORPORATION LTD.
                               Versus
             M/S. TECHNICHE CONSULTING SERVICE AND ORS.


  BEFORE:
  The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA

Date : 20th September, 2023.

Appearance:

Mr. Suman Kumar Dutt, Adv.

Mr. A. A. Chakraborty, Adv.

Mr. Jit Ray, Adv.

Mr. Anubhav Sinha, Adv.

Mr. Subhasis Dey, Adv.

Ms. Roshni Kalam, Adv.

The Court: Learned counsel appearing for the award-holder seeks to take the point of jurisdiction on the ground that the West Bengal MSME Facilitation Council would only signify the venue and not the seat of the arbitration agreement between the parties. Counsel submits that the Section 34 application should have been filed in Odisha which is provided in the relevant Agreement.

Learned counsel appearing for the petitioner/award-debtor seeks to argue on the quantum of pre-deposit to be put in under Section 19 of the MSMED Act, 2006.

The preliminary point of jurisdiction will be taken up first for consideration.

List this matter tomorrow, i.e., on 21st September, 2023.

(MOUSHUMI BHATTACHARYA, J.) bp.