Calcutta High Court
Osa Vendita Pvt. Ltd vs Bausch & Lomb Eyecare (India) Pvt. Ltd on 3 February, 2010
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
AP No. 346 of 2008
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
OSA VENDITA PVT. LTD.
Versus
BAUSCH & LOMB EYECARE (INDIA) PVT. LTD.
BEFORE:
The Hon'ble JUSTICE SANJIB BANERJEE
Date : 3rd February, 2010.
The Court : In this application under Section 11 of the
Arbitration and Conciliation Act, 1996 the only objection taken is that
neither the agreement nor the arbitration clause could have been
assigned by the partnership firm which was a party to the agreement to
the present petitioner. The petitioner has contended that the company
has taken over, as a going concern, the partnership business carried on
by M/s. Om Sai Agency.
Since there appears to be an arbitration agreement and the
preliminary objection to the propriety of the reference can also be tested
2
before the arbitrator, AP No.346 of 2008 has to be allowed and the
disputes referred to arbitration.
The parties agree that Mr. Samit Talukder, Sr. Adv. be
appointed arbitrator for taking up the reference including all objections
that may be carried by the respondent. The arbitrator will be paid a
consolidated remuneration of 2500 GM and it will be open to the arbitrator to decide the remuneration of a stenographer and a clerk, if necessary, at the first sitting in consultation with the parties and before entering into the merits of even the preliminary objection.
AP No.346 of 2008 is disposed of without any order as to costs. Urgent certified photocopies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(SANJIB BANERJEE, J.) kc.
A.R(C.R)