Calcutta High Court
Deecon India Pvt Ltd vs Union Of India on 21 January, 2020
Author: Ashis Kumar Chakraborty
Bench: Ashis Kumar Chakraborty
ORDER SHEET
AP NO.834 OF 2019
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
DEECON INDIA PVT LTD.
Versus
UNION OF INDIA, CPWD
BEFORE:
The Hon'ble JUSTICE ASHIS KUMAR CHAKRABORTY
Date : 21st January, 2020.
Mr.Bijan Majumder, Adv.,
for the petitioner.
Mr.N.L. Singhania,
Mr.T. Tewari, Advs., for the
respondent.
The Court : The petitioner has approached this Court for appointment of a new Arbitrator in place and stead of the Arbitrator appointed on December 18, 2003. In effect, the petitioner prays for termination of the mandate of the Arbitrator appointed on December 18, 2003 on the ground of his inability to conclude the arbitral proceeding due to his ill health.
Considering the facts of the case, Justice Debi Prosad Dey (Retired) is appointed as the Sole Arbitrator to adjudicate the disputes between the parties, which formed part of the arbitral proceeding before the erstwhile Arbitrator. 2
The Arbitrator shall be free to fix his fees and engage secretarial staff for the purpose of conducting the arbitral proceeding. The parties shall bear the fees of the Arbitrator and the remuneration of the secretarial staff in equal share.
The parties have already exchanged their pleadings before the erstwhile Arbitrator. The erstwhile Arbitrator is directed to make over the records of the arbitral proceeding to the petitioner upon notice to and in the presence of the respondent.
Needless to mention, the new Arbitrator shall proceed with the arbitral proceeding on the basis of the pleadings already filed by the respective parties, as well as the evidence already on record.
With the above direction, the application, AP No.834 of 2019 stands disposed of.
(ASHIS KUMAR CHAKRABORTY, J.) S.Das AR[CR]