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Calcutta High Court

Suguna Poultry Firm Ltd. Now Known As ... vs Kunal Impex Pvt. Ltd. & Anr on 22 March, 2017

Author: Soumen Sen

Bench: Soumen Sen

                                       ORDER SHEET

                                   AP No.112 of 2017
                             IN THE HIGH COURT AT CALCUTTA
                         Ordinary Original Civil Jurisdiction
                                     ORIGINAL SIDE


           SUGUNA POULTRY FIRM LTD. NOW KNOWN AS SUGUNA FOODS PVT. LTD.
                                      Versus
                           KUNAL IMPEX PVT. LTD. & ANR.


   BEFORE:
   The Hon'ble JUSTICE SOUMEN SEN
   Date : 22nd March, 2017.

                                             Mr. Kaushik Pradhan, Adv. for the petitioner.


                   The Court : In spite of notice none appears to oppose this

application.

                   The     grievance    of   the   petitioner    is   that   although   the

Arbitrator has entered reference in the year 2011 but no substantial progress

has been   made in the arbitration proceeding. The last meeting was held on 12th

December, 2011.

                   It is submitted that the pleadings are complete. The learned

Counsel, in all fairness, has submitted that a peremptory direction may be

granted so that pending reference may be       disposed of at the earliest instead of

terminating the mandate of the Arbitrator.

                   Under such circumstances, this application is disposed of by

directing the Arbitrator to dispose of the reference within a period of six

months from the date of communication of this order, failing which the mandate

of the Arbitrator shall stand terminated and the petitioner shall be entitled to

apply afresh for appointment of an Arbitrator.

                   The petitioner is directed to communicate this order to the

respondents within a week from date by speed post with acknowledgement due.

(SOUMEN SEN, J.)