Calcutta High Court
Tata Capital Financial Services ... vs Dipanwita Basu And Ors on 2 September, 2022
Author: Prakash Shrivastava
Bench: Prakash Shrivastava
ORDER OD-1
AP/40/2022
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL CIVIL JURISDICTION
TATA CAPITAL FINANCIAL SERVICES LIMITED
VERSUS
DIPANWITA BASU AND ORS.
BEFORE:
THE HON'BLE CHIEF JUSTICE PRAKASH SHRIVASTAVA
DATE : 2ND SEPTEMBER, 2022 APPEARANCE:
Mr. Swatarup Banerjee, Advocate Mr. Avishek Guha, Advocate ......for the petitioner.
The Court:- The matter is listed today under the heading 'To Be Mentioned".
This Court, by order dated 8th July, 2022, had allowed AP/40/2022 and appointed Mr. Asish Senapati, retired District Judge, as the sole Arbitrator subject to submission of declaration by him in terms of Section 12(1) in the form prescribed in the Sixth Schedule of the Arbitration and Conciliation Act, 1996 before the Registrar, Original Side of this Court.
The record reflects that the Registrar, Original Side had sent a copy of the order to the proposed arbitrator on 19th July, 2022 along with a forwarding letter through speed post which was duly served, yet no declaration in the prescribed form has been received. Hence, it is presumed that the proposed arbitrator has difficulty in taking up the matter as arbitrator. Therefore, the order dated 8th July, 2022 is modified and Mr. Manas Pal, retired District Judge, [M: 9007899088] is appointed as the sole Arbitrator, subject to submission of declaration by the Arbitrator in terms of Section 12(1) in the 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