MSTC LTD Vs. MEHERKIRAN ENTERPRISES LTD

JUDGEMENT

(1.) This appeal has been filed by the MSTC Ltd., challenging an order dated 11th December, 2015 passed by the learned District and Sessions Judge, South 24 -Parganas at Alipore refusing to pass an ex parte ad interim order and directing that notice be issued to the respondent.

(2.) A memorandum of agreement dated 20th July, 2009 was executed by and between the appellant MSTC Ltd. and the respondent Meherkiran Enterprises Ltd. to facilitate import of prime hard coking coal. The said agreement contained an arbitration clause which provided for reference of disputes and differences to the arbitration of a sole arbitrator to be appointed by the Chairman cum Managing Director of MSTC Ltd.

(3.) Arbitration proceedings commenced on 22nd September, 2014 in Kolkata. The parties filed respective pleadings before the learned Arbitrator. The appellant MSTC has, however, alleged that the respondent has been delaying the arbitration proceedings purposely.