Calcutta High Court Weekly Round-Up 02 September To 09 September, 2024

NOMINAL INDEX

Ranajit Guha Roy and Anr. vs Sankar Kumar Halder Citation: 2024 LiveLaw (Cal) 206

Great Eastern Energy Corporation Ltd vs SRMB Srijan Ltd Citation: 2024 LiveLaw (Cal) 207

Allegations Of Fraudulent Signatures On Arbitration Agreements Must Be Decided By Arbitrator, Not Court Under Section 11: Calcutta High Court

Case Title: Ranajit Guha Roy and Anr. vs Sankar Kumar Halder

Citation: 2024 LiveLaw (Cal) 206

The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held that allegations of a party's signature on an arbitration agreement being obtained through fraud or misrepresentation are matters that can be decided by the arbitrator and can't be resolved by the court under Section 11 of the Arbitration and Conciliation Act, 1996.

The bench further observed that the arbitral tribunal, similar to a civil court, has the authority to appoint experts when complex issues, such as those involving fraud or misrepresentation, require expert opinion.

The Court Can't Re-Appreciate Evidence Or Re-interpret Contracts While Examining Patent Illegality : Calcutta High Court

Case Title: Great Eastern Energy Corporation Ltd vs SRMB Srijan Ltd

Citation: 2024 LiveLaw (Cal) 207

The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held that the court cannot re-appreciate evidence under the guise of patent illegality, as per the proviso to Section 34 (2-A) of the Arbitration and Conciliation Act, 1996. It remarked that the Court cannot be sitting in appeal over the Tribunal's decision and cannot re-interpret the contract differently from the Tribunal without evidence of patent illegality.