Calcutta High Court
M/S. Premco Rail Engineers Limited vs Steel Authority Of India Limited on 23 September, 2022
Author: Prakash Shrivastava
Bench: Prakash Shrivastava
ORDER OD-20
AP/639/2022
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL CIVIL JURISDICTION
M/S. PREMCO RAIL ENGINEERS LIMITED
VERSUS
STEEL AUTHORITY OF INDIA LIMITED
BEFORE:
THE HON'BLE CHIEF JUSTICE PRAKASH SHRIVASTAVA
DATE : 23RD SEPTEMBER, 2022
APPEARANCE:
Mr. Pranit Bag, Advocate
Mr. Anuj Kumar Mishra, Advocate
Mr. Balaram Patra, Advocate
......for the petitioner
Mr. Arijit Basu, Advocate
Mr. Sarathi Dasgupta, Advocate
...for the respondent
The Court:- This application under Section 11 of the Arbitration and Conciliation Act, 1996 has been filed for appointment of arbitrator to resolve the dispute between the parties.
Learned counsel for the respondent does not dispute that the arbitration agreement dated 30th August 2008 was executed between the parties and that the dispute has arisen and the arbitration clause has been invoked.
Counsel for the parties have pointed out that since there was no consensus about the name of the arbitrator, therefore, this AP has been filed.
At this stage, counsel for both the parties have jointly suggested the name of Justice Jyotirmay Bhattacharya, Retired Chief Justice of this Court, as arbitrator.
Hence, AP is allowed.
Justice Jyotirmay Bhattacharya, Retired Chief Justice of this Court, is appointed as Arbitrator to resolve the dispute between the parties, subject to submission of declaration by the Arbitrator in terms of Section 12(1) in the 2 form prescribed in the Sixth Schedule of the Act before the Registrar, Original Side of this Court, within four weeks from today.
Let this order be conveyed to the Arbitrator by the Registrar, Original Side, forthwith.
(PRAKASH SHRIVASTAVA, C.J.) akg/skumar