Calcutta High Court
Tata Capital Limited vs Sheo Narayan Singh And Anr on 23 June, 2025
Author: Shampa Sarkar
Bench: Shampa Sarkar
OCD 16
ORDER SHEET
AP-COM/189/2025
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL CIVIL JURISDICTION
COMMERCIAL DIVISION
TATA CAPITAL LIMITED
VS
SHEO NARAYAN SINGH AND ANR.
BEFORE:
The Hon'ble JUSTICE SHAMPA SARKAR
Date: 23rd June, 2025.
Appearance:
Mr. Avishek Guha, Adv.
Mr. Adipta Kr. Pandit, Adv.
...for the petitioner
Mr. Animesh Paul, Adv.
Ms. Manisha Upadhyay, Adv.
...for the respondents
The Court: The application is not maintainable as the arbitral proceedings
were terminated by the learned Arbitrator on the prayer of the claimant to
withdraw the proceedings.
Under such circumstances, a second application on the selfsame cause of
action cannot be resorted to, without any liberty. In this case, the order of the
learned Arbitrator indicates that the petitioner did not want to pursue the claim
and hence, withdrew the proceedings. The instruction of the petitioner to its
learned Advocate, is quoted below:-
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"Dear Aditi,
As discussed, please withdraw all the pending arbitration proceedings
which are continuing more than 1 year because as per statute we can't
continue with such arbitrations for more than a year until and unless it
is contested.
Regards
Sounak Mukherjee
Regional Legal Manager (CV-CEQ)-East
Tata Capital Limited"
Accordingly, the termination is one under Section 32 of the Arbitration and
Conciliation Act, 1996. However, the remedy of the petitioner under the
SARFAESI Act or any other appropriate law is kept open to be explored in
accordance with the provisions of the relevant statute.
The order of the learned Arbitrator dated June 10, 2024 is quoted below:-
" In the matter of:
Arbitration
Between
RE: TATA CAPITAL FINANCIAL SERVICES LIMITED
.... CLAIMANT
AND
SHEO NARAYAN SINGH & ANR.
.... RESPONDENTS
Contact No. 7000543018 dated 15.10.2018
-----------------------------------------------------------------------------------
MINUTES of the meeting of the Arbitration held on 10.06.2024 at
“Nicco House”, 2 Hare Street 6th Floor, Room No. 20, Kolkata – 700001.
Present:-
Ms. Aditi Nandi, the Learned Advocate appearing on behalf of the claimant
and placed the letter dated 17.05.2024 praying for Withdrawal of the present
reference against the respondents. The said letter dated 17.05.2024 is taken
on record.
Heard considered and hence the reference against the respondents stands
Withdrawn and the instant Arbitration proceeding is terminated accordingly.
The said matter is hereby disposed of.”
”
The contention of Mr. Guha that the period of time during which the
proceedings were pending before this Court may be excluded while computing
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the limitation in case recourse is taken under any other statute, cannot be
decided by this Court.
The petitioner is at liberty to raise all such issues at the appropriate stage.
The application is, accordingly, dismissed.
(SHAMPA SARKAR, J.)
B.Pal