Srei Equipment Finance Limited vs Bengal Shristi Infrastructure … on 19 March, 2026

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    1. This is an application for interim relief under section 9 of the

    Arbitration and Conciliation Act, 1996, (hereinafter referred to as the

    SPONSORED

    said Act). Mr. Swatarup Banerjee, learned advocate for the petitioner,

    submitted that the petitioner had entered into a Rupee Term Loan

    agreement dated April 2, 2019 with the respondent. The petitioner

    financed a sum of Rs. 273.48 crores to the respondent. Thereafter,

    various other agreements were also entered into between the parties,

    namely the Amendatory and Supplementary rupee loan agreement

    dated May 6, 2020, Arbitration Agreement dated April 2, 2019, Deed

    of Hypothecation dated May 16, 2019, the Amended and Restated

    Deed of Hypothecation dated May 6, 2020, and Declaration cum

    Undertaking dated May 6, 2020. All these agreements were

    interconnected and interlinked. Clause 2.1 of the Arbitration

    Agreement dated April 2, 2019, specifically provided that any dispute,

    difference or claim arising out of or in connection with the loan facility

    or any financing documents including, but not limited to the

    existence, validity, performance, interpretation, or termination or

    breach of any financing document, would be referred to arbitration, by

    the disputing parties in accordance with the terms of the financing

    document.



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