Calcutta High Court (Appellete Side)
Exide Industries Limited vs M/S. C. G. Corporation on 16 January, 2018
1 S/L. 7.
January 16, 2018.
MNS.
C. O. No. 108 of 2018 Exide Industries Limited Vs. M/s. C. G. Corporation Mr. Samrat Sen, Mr. Paritosh Sinha, Ms. Manali Bose, Ms. Soni Ojha ...for the petitioner.
The petitioner, being the claimant in an arbitration proceeding, has taken out the present revisional application against an order, whereby the District Judge at Alipore has dismissed an application under Section 29A(4) of the Arbitration and Conciliation Act, 1996 bearing Miscellaneous Case No. 259 of 2017.
The ground on which the application was rejected, was apparently that the time limit for arbitral award could not be extended unless a writ petition filed by the petitioner challenging the jurisdiction of the 'MSEFC' constituted under the Micro, Small and Medium Enterprises Development Act, 2006, was decided. Apparently such a ground is extraneous to an adjudication involved in a proceeding under Section 29A(4) of the 1996 Act.
On such prima facie triable question, the petitioner is directed to serve a copy of this revisional application upon the opposite party with an intimation that the matter will next appear in the monthly list of February, 2018 for hearing and to file affidavit-of-service on the next date of hearing.
2
During the pendency of the present revisional application, the operation of the impugned order dated November 30, 2017 passed by the District Judge at Alipore, District- South 24-Parganas, in Miscellaneous Case No. 259 of 2017, will remain stayed.
(Sabyasachi Bhattacharyya, J.)