INDIRA BANERJEE,J. - (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. In terms of the said agreement dated 20th July, 2009 the appellant MSTC Ltd. was to procure imports on behalf of the respondent and make payment for the same to the seller on behalf of the respondent. Disputes and differences arose between the appellant MSTC and the respondent over the claim of the appellant MSTC that about Rs.50,20,00,000/ - was due and payable by the respondent to the appellant MSTC for imports made by appellant MSTC on behalf of the respondent Meherkiran Enterprises Ltd.. The appellant MSTC invoked the arbitration clause and also made an application for appointment of an arbitrator. A retired Judge of this Court was appointed sole arbitrator.
(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.;