SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2023 Supreme(Cal) 751

MOUSHUMI BHATTACHARYA
Kobelco Construction Equipment India Private Limited – Appellant
Versus
Lara Mining – Respondent


Advocates Appeared:
For the Petitioner: Mr. Swatatrup Banerjee, Mr. Sariful Haque, Mr. Hareram Singh, Ms. Shilpa Das.
For the Respondents: Mr. Anirban Ray, Mr. Varun Kothari, Ms. Anshumala Bansal.

JUDGMENT :

Moushumi Bhattacharya, J.

1. The Arbitration Petitions have been filed under section 9 of The Arbitration and Conciliation Act, 1996 for interim measures of protection. The facts are identical in both the matters and learned counsel appearing for the parties have relied on the same propositions of law. Hence both the Arbitration Petitions are being disposed of by this judgment.

2. The petitioner seeks an injunction on the respondent no 1 from dealing with or disposing of the assets under a Master Facility Agreement dated 19th January, 2020 and a Settlement Agreement dated 17th July, 2021. Prayer (i) of the application does not give the date of the Master Facility Agreement.

3. Learned counsel appearing for the petitioner submits that the respondent no. 1 is bound by the Master Facility Agreement dated 19th January, 2020 executed between SREI Equipment Finance Limited and the respondent no. 1 with regard to the financial assistance given by SREI to the respondent no. 1 of Rs.6,72,60,000/-. Counsel submits that the respondent no. 1 paid 14 instalments out of 34 instalments under the agreement and hypothecated assets for the loan. The Master Facility Agreement was thereafter as

    Click Here to Read the rest of this document
    1
    2
    3
    4
    5
    6
    7
    8
    9
    10
    11
    SupremeToday Portrait Ad
    supreme today icon
    logo-black

    An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

    Please visit our Training & Support
    Center or Contact Us for assistance

    qr

    Scan Me!

    India’s Legal research and Law Firm App, Download now!

    For Daily Legal Updates, Join us on :

    whatsapp-icon telegram-icon
    whatsapp-icon Back to top