Calcutta High Court
Mrs. Meena Bhattacharya vs Union Of India & Ors on 19 July, 2013
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
ORDER SHEET
AP No. 565 OF 2013
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
MRS. MEENA BHATTACHARYA
Versus
UNION OF INDIA & ORS.
BEFORE:
The Hon'ble JUSTICE SANJIB BANERJEE
Date : 19th July, 2013.
Appearance :
Mr. Samrat Sen, Advocate
Ms. Aparna Banerjee, Advocate
The Court : The respondent is not represented and no affidavit-in-
opposition has been filed in spite of directions having been issued in presence of advocate for the respondents on June, 13, 2013.
The petitioner refers to clause 70 of the general conditions governing the army contract. A copy of the general conditions has been appended to the supplementary affidavit filed on behalf of the petitioner.
The petitioner places an order of this Court on a previous request under Section 11 of the Arbitration and Conciliation Act, 1996 when this Court had dismissed the request on August 24, 2012, on the ground that the pre-condition to the invocation of the arbitration agreement as contained in clause 70 of the general conditions had not been complied with. The petitioner says that 2 subsequent to the order of August 24, 2012, the petitioner had duly terminated the agreement. The termination, according to the petitioner, was by the petitioner's letter of January 7, 2013, a copy whereof appears as Annexure 'N' to the petition. The petitioner thereafter invoked the arbitration agreement by the petitioner's letter dated January 17, 2013, a copy whereof appears as Annexure 'Q' to the petition. Despite apparent receipt of the letter of invocation, no reply was issued by the respondent to the petitioner. The present petition was filed on or about May 17, 2013, after affording the respondent a reasonable opportunity to appoint an arbitrator.
Since no affidavit has been filed despite the respondent obtaining directions therefor and there appears to be an arbitration agreement between the parties and live disputes covered thereby, an arbitrator is required to be appointed on the present request under Section 11 of the Arbitration and Conciliation Act, 1996.
The petitioner refers to the tender documents which specify that the arbitrator needs to be a serving officer having particular qualifications.
Since neither the petitioner nor the Court is immediately aware of a person befitting the description of the arbitrator as evident from the tender papers, the Chief Engineer, C.E. Kolkata Zone, B.M.Camp, Kolkata - 700 019 is requested to name an arbitrator to adjudicate upon the disputes between the parties covered by the arbitration agreement within a fortnight from the date of receipt of an authenticated copy of this order and communicate the same to the petitioner.
A.P. No. 565 of 2013 is disposed of without any order as to costs. 3 Urgent certified photocopies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(SANJIB BANERJEE, J.) SBI