Calcutta High Court
Varsha Arora vs Idfc First Bank Limited on 1 April, 2025
Author: Shampa Sarkar
Bench: Shampa Sarkar
OCD-1
AP/823/2022
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL CIVIL JURISDICTION
COMMERCIAL DIVISON
VARSHA ARORA
VS
IDFC FIRST BANK LIMITED
BEFORE:
The Hon'ble JUSTICE SHAMPA SARKAR
Date : 1st April, 2025.
Appearance:
Mrs. Tutul Das Singh, Adv.
Mr. Ranjit Singh, Adv.
Mr. Amar Singh, Adv.
Mr. Ratul Deb Banerjee, Adv.
Ms. Talat Nazreen, Adv.
. . .for the respondent.
The Court: The matter was mentioned at the instance of the claimant/
award-holder in the earlier round of arbitral proceedings.
AP 823 of 2022 is an application under Section 34 of the Arbitration and
Conciliation Act, 1996 challenging the award on various grounds including
unilateral appointment. The said award was set aside by a coordinate Bench on
March 14, 2023 on the ground that the award was a nullity, in EC 197 of 2022.
EC 197 of 2022 was filed by the claimant for execution of the award. By
an order dated March 14, 2023, a coordinate bench, upon recording consent of
the parties, had disposed of the EC 197 of 2022 upon holding that the award was
a nullity and appointed another learned Arbitrator to resolve the dispute between
the parties.
2
It is submitted by the respondent that, the arbitration proceeding is going
on before the newly appointed Arbitrator. The respondent further submits that
AP 823 of 2022, has now become infructuous in view of the order passed on
March 14, 2023.
The matter has been mentioned on notice. I accept the contention of the
learned advocate for the respondent. Despite service of notice, none appears on
behalf of the petitioner.
AP 823 of 2022 is dismissed as infructuous. The orders passed earlier are
kept with the records.
(SHAMPA SARKAR, J.)
sp/
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