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2023 Supreme(Cal) 729

SOUMEN SEN, SAUGATA BHATTACHARYYA
Jute Corporation of India Ltd. – Appellant
Versus
ABL International Ltd. (Now Sudera Realty Pvt. Ltd. ) – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Tilak Bose, Anuj Singh, Jishnu Saha.
For the Respondents: Debabrata Das, Partha Banerjee, Saptarshi Mukherjee, U.S. Menon, Zeeshan Haque, Abhirup Chakraborty, Ishaan Saha.

JUDGMENT :

SOUMEN SEN, J.

1. These present appeals and cross-appeals are arising out of a common judgment and order dated April 23, 2018 passed by a learned Single Judge in connection with four applications for setting aside of two arbitral awards both dated December 20, 2013 under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter ‘the 1996 Act’).

I. Summary of Facts

2. The facts relevant for the purpose of deciding these appeals, are summarised below:

    (I) Sudera Enterprises Pvt. Ltd. executed a deed of lease in favour of the award-debtor, i.e. Jute Corporation India Ltd. (hereinafter ‘the Corporation’), on December 5, 1972 in respect of 5th floor of premises no. 1, Shakespeare Sarani, Kolkata -700 071 (hereinafter referred to as ‘the said premises’). Subsequently the parties have entered into another lease agreement regarding the 7th floor of the said premises on January 1, 1976. The successors-in-interest of Sudera Enterprises Pvt. Ltd. in respect of the 5th and 7th floor of the said premises are Vineet Pvt. Ltd. and ABL International Pvt. Ltd respectively. The

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