M/S. Sany Heavy Industry India Pvt. Ltd vs Rameshwar Baburav Sahare & Anr on 30 June, 2025

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2. This is an application for appointment of an arbitrator. The petitioner

seeks reference of the dispute to arbitration in terms of clause 23 of the

Loan cum Hypothecation Agreement dated January 05, 2020. The

petitioner is the assignee of the loan which was extended by Srei

Equipment Finance Limited to the respondents. The said clause provides

that all disputes arising out of interpretation of the agreement or any

clause thereof shall be referred to a sole arbitrator to be appointed by the

company. The provisions of the Arbitration and Conciliation Act, 1996,

as amended will be applicable. The seat of arbitration and the jurisdiction

will be as per the Schedule. The Schedule provides that the agreement

shall be subject to jurisdiction of Kolkata. Under such circumstances,

this application has been filed.



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