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Section 11 in The Arbitration And Conciliation Act, 1996
The Arbitration And Conciliation Act, 1996

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Calcutta High Court
Misrilal Mines Pvt. Ltd vs Mmtc Limited on 23 March, 2010
Author: Sanjib Banerjee

ORDER SHEET

G.A.No.755 of 2010

G.A.No.1649 of 2009

A.P.No.250 of 2007

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE

MISRILAL MINES PVT. LTD.

-Versus-

MMTC LIMITED.

Appearance:

Mr. S. S. Banerjee, Adv.

...For the petitioner.

Mr. Debangshu Basak, Adv.

Mr. Deepnath Roychowdhury, Adv.

...For the respondent.

Before:

The Hon'ble Justice SANJIB BANERJEE. Date: March 23, 2010.

The Court: Sufficient grounds have been shown as to why the applicant was not represented on March 11, 2010 when G.A.No.1649 of 2009 was dismissed for default. The order dated March 11, 2009 is recalled and G.A.No.1649 of 2009 is restored to file. G.A.No.755 of 2010 is allowed but without any order as to costs. By consent of the parties, G.A.No.1649 of 2009 is taken up, treating the same as on the day's list. 2

G.A.No.1649 of 2009 is misconceived. The respondents herein, Misrilal Mines Pvt. Ltd., had carried a request under Section 11 of the Arbitration and Conciliation Act, 1996 in A.P.No.250 of 2007. The Section 11 request was disposed of by the arbitration court and the matter was placed before the Hon'ble the Chief Justice for constituting an arbitral tribunal. The arbitration court thereafter lost jurisdiction over the matter. G.A.No.1649 of 2009 was brought nearly two years after the matter had been referred for constituting the arbitral tribunal. The applicant seeks certain other observations to be incorporated in the order by which the matter was referred to the Hon'ble the Chief Justice. Since the arbitration court had already disposed of the matter, so far as such court was concerned, G.A.No.1649 of 2009 cannot be entertained nor can any order be made thereon.

G.A.No.1649 of 2009 is dismissed. There will be no order as to costs.

Urgent certified photocopies of this order, if applied for, be given to the parties subject to compliance with all requisite formalities.

(Sanjib Banerjee, J.)

A/s.