Company Limited vs Saif Ahmed And Anr on 25 August, 2025

Calcutta High Court

Company Limited vs Saif Ahmed And Anr on 25 August, 2025

Author: Shampa Sarkar

Bench: Shampa Sarkar

OCD 9
                             ORDER SHEET
                           AP-COM/652/2025
                    IN THE HIGH COURT AT CALCUTTA
                         COMMERCIAL DIVISION
                             ORIGINAL SIDE


              CHOLAMANDALAM INVESTMENT AND FINANCE
                        COMPANY LIMITED
                               VS
                      SAIF AHMED AND ANR.


 BEFORE:
 The Hon'ble JUSTICE SHAMPA SARKAR
 Date: 25th August, 2025.

                                                                     Appearance:
                                                     Ms. Shrayshee Das, Adv.
                                               Mr. Rohan Kumar Thakur, Adv.
                                                 Mr. Tridibesh Dasgupta, Adv.
                                                          . . .for the petitioner.

                                               Ms. Sagufta Saba Yasmin, Adv.
                                                      . . .for the respondents.

The Court:

1. This is an application for appointment of a learned Arbitrator in terms

of the arbitration agreement appearing under Clause 29 of the loan

agreement. The dispute arises out of non-payment of the loan amount

as per the repayment schedule. The petitioner alleges default. The

learned advocate for the petitioner submits that substantial amount is

due and payable.

2. This application has been rightly filed before this Court as the

procedure prescribed under Clause 29 is no more permissible in view of
2

the bar under Section 12(5) of the Arbitration and Conciliation Act,

1996. The lender cannot appoint an Arbitrator under the present law.

3. Learned advocate for the respondents submits that the claims are not

admitted. Intermittent payments have already been made.

4. The contentions before this Court are factual and are required to be

decided by the learned Arbitrator. All questions and objections which

are available to the respondents shall be raised before the learned

Arbitrator, including the question of limitation.

5. Upon, prima facie, being satisfied that there is an arbitration clause and

the dispute is referred to arbitration. The invocation dated July 8, 2025.

is on record.

6. The application is disposed of by appointing Mr. Aniruddha Mitra,

learned senior Advocate [Mobile No. 9831205865] as the Arbitrator, to

arbitrate upon the disputes between the parties. This appointment is

subject to compliance of Section 12 of the Arbitration and Conciliation

Act, 1996. The learned Arbitrator shall fix his own remuneration as per

the Schedule of the Act.

7. The application is, accordingly, disposed of.

(SHAMPA SARKAR, J.)
SP/