Back
IN THE HIGH COURT AT CALCUTTA
ARINDAM MUKHERJEE
Beevee Enterprises – Appellant
Versus
L & T Finance Limited – Respondent
| Table of Content |
|---|
| 1. appeal under arbitration act. (Para 1 , 2) |
| 2. challenge to arbitrator's appointment. (Para 3 , 4) |
| 3. options available to challenge arbitrator. (Para 5) |
| 4. invalid appointment affects proceedings. (Para 6 , 7) |
| 5. willingness to proceed with a new arbitrator. (Para 8) |
| 6. details of loan default. (Para 9 , 10) |
| 7. position on payment ability. (Para 11) |
| 8. court's authority in interim protection. (Para 12 , 13) |
| 9. jurisdiction for security orders. (Para 15 , 16) |
| 10. when jurisdictional issues may arise. (Para 17 , 18) |
| 11. applicability of cpc in arbitration. (Para 19 , 20) |
| 12. direction to secure disputed amount. (Para 21 , 22) |
| 13. injunction against account operation. (Para 23 , 24) |
| 14. final disposition of the appeal. (Para 25 , 26) |
JUDGMENT :
ARINDAM MUKHERJEE, J.
1. This is an appeal under Section 37 (2) (b) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the 1996 Act’) arising out of an order dated 23rd May, 2025 passed by the Learned Arbitral Tribunal granting an order of attachment before judgment under Section 17 of the said Act.
2. The arbitration agreement in the instant case is contained as Clause 8 of the SME Business Loan Agreement dated 22nd
The court reinforced that unilateral appointment of an arbitrator violates the Arbitration and Conciliation Act, leading to invalid proceedings, hence, a new arbitrator must be appointed.
Point of law: No power vested with the Arbitrator to act as a Civil Court and enforce the order. This is quite clear from sub section (2) of Section 17 which specifies that the order so passed by the....
The court may exercise jurisdiction under Section 9 of the Arbitration and Conciliation Act if the remedy under Section 17 is found to be inefficacious, particularly regarding third parties not party....
The court may exercise jurisdiction under Section 9 of the Arbitration and Conciliation Act if the remedy under Section 17 is found to be inefficacious.
The arbitral tribunal has broad powers to issue interim measures under the Arbitration and Conciliation Act, ensuring protection of claims during ongoing proceedings.
Arbitration agreement - Order of termination of contract - Jurisdiction of learned Arbitrator having been circumscribed by the order of reference of this Court, no fault can be found with interpretat....
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
