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2023 Supreme(Cal) 1189

MOUSHUMI BHATTACHARYA
SREI Equipment Finance Limited – Appellant
Versus
Karur Vysya Bank – Respondent


Advocates Appeared:
For the Petitioner: Mr. Swatarup Banerjee, Mr. Rajib Mullick, Mr. Sariful Haque, Ms. Sonia Mukherjee, Ms. Biswaroop Ghosh.
For the Respondent: Ms. Pallavi Gandhi, Ms. Sweta Gandhi.

JUDGMENT :

(Moushumi Bhattacharya, J.)

1. The petitioner has filed 4 applications under section 9 of The Arbitration and Conciliation Act, 1996 for orders of injunction restraining the respondent from transferring or dealing with the amounts in the escrow accounts in the respondent Bank bearing the account number stated in the prayer b of each of the applications.

2. The 4 agreements entered into between the same parties in 2019 contain arbitration clauses. Since the issues involved in all the 4 applications are identical, the said applications are being disposed of by way of this judgment.

3. The petitioner seeks a restraint on the respondent Bank from dealing with the amounts in the Escrow accounts the particulars of which have been provided respectively in the 4 applications. The accounts are maintained in the respondent Bank. The petitioner also seeks appointment of a Receiver over the escrow account in the respondent Bank.

4. The petitioner also intends to approach the arbitral tribunal in an application under section 17 of the Act. The petitioner seeks this interim relief until formation of the arbitral tribunal in accordance with the arbitration agreement contained in clause

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