Calcutta High Court
Beml Limited vs Emta Coal Limited on 1 May, 2018
Author: Ashis Kumar Chakraborty
Bench: Ashis Kumar Chakraborty
ORDER SHEET
GA 3561/2017
AP 727/2017
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
BEML LIMITED
Versus
EMTA COAL LIMITED
BEFORE:
The Hon'ble JUSTICE ASHIS KUMAR CHAKRABORTY
Date : 1st May, 2018.
Appearance :
Mr. Sanjib Kr. Mal,
Mr. Atanu Raychoudhury
Mr. Pushan Majumder, Advs.,
Mr. Aniruddha Ray,
Mr. Anunoy Basu,
Mr. Srinjay Bhattacharya,
Advs.
Mr. Anirban Ray
Mr. Jayanta Sengupta.
Mr. Partha Banerjee, Advs.
Re : AP No.727 of 2017
The Court : In this application under Section 9 of the
Arbitration and Conciliation Act, 1996, as amended by Act 3 of
2016 on November 2, 2017 this Court passed an order of injunction
restraining the respondent from withdrawing any amount from any of
its bank accounts mentioned in Schedule "I" to the application, 2 without keeping a balance sum of Rs.35 lakhs, in each of the said accounts till the disposal of the application.
Subsequently, on December 12, 2017 the present petitioner's application under Section 11 of the aforementioned Act was also allowed by this Court and a Sole Arbitrator has been appointed for adjudication of the disputes between the parties to this application.
Although in terms of the order dated November 2, 2017, the parties have filed their respective affidavits but, when the arbitral proceedings have already commenced before the Sole Arbitrator, there is no point in keeping this application pending before this Court. The respondent does not oppose to the confirmation of the order dated November 2, 2017 passed by this Court.
Accordingly, the application being AP No. 727 of 2017 is disposed of by confirming the order dated November 2, 2017 which shall remain valid till the publication of the award by the Arbitrator.
There shall, however, be no order as to costs. Re : GA No.3561 of 2017 In so far as the application being GA No.3561 of 2017 is concerned, HDFC Bank has sought to intervene in the arbitration proceeding, being AP No.727 of 2017 .
3
Having considered the fact that HDFC Bank is not a party either to the transaction between the petitioner and the respondent or to the arbitral agreement between the parties, I do not find any scope to entertain this application.
Accordingly, the application being GA No.3561 of 2017 stands rejected.
There shall, however, be no order as to costs.
(ASHIS KUMAR CHAKRABORTY, J.) S.Bag/S.Das AR[CR]