Calcutta High Court
Rajiv Singh vs Bhaskar Deb & Anr on 12 October, 2018
Author: Ashis Kumar Chakraborty
Bench: Ashis Kumar Chakraborty
OD-2 ORDER SHEET
A.P. No. 768 OF 2018
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
RAJIV SINGH
Versus
BHASKAR DEB & ANR.
BEFORE:
The Hon'ble JUSTICE ASHIS KUMAR CHAKRABORTY
Date : 12th October, 2018.
Appearance:
Mr. Anirban Roy, Adv.
Mr. Srijib Chakraborty, Adv.
Mr. Sunny Nandy, Adv.
Mr. S. Das, Adv.
... for the petitioner.
Mr. Shankar Mukherjee, Adv.
... for the respondent.
The Court : In this application the petitioner has prayed for appointment of a new Arbitrator in place and stead of the earlier Arbitrator appointed by the order dated May 11, 2017. It appears that by an order dated September 14, 2018 the petitioner's application, A.P. No. 637 of 2018 under Section 29 A of the Act of 1996 was rejected by this Court. Accordingly, the parties are entitled to have their disputes being adjudicated by a new Arbitrator.
Considering the facts of the case, Justice Pranab Kumar Chattopadhyay, a former Judge of this Court is appointed as the sole Arbitrator to adjudicate the disputes between the parties. The erstwhile Arbitrator is directed to forthwith transmit all the records of the arbitral proceedings to the new learned Arbitrator.
The new Arbitrator shall proceed with the arbitral proceeding on the basis of the existing pleadings already filed by the respective parties and the issues already framed.
With the above directions, A.P. No. 768 of 2018 stands disposed of. There shall, however, be no order as to costs.
(ASHIS KUMAR CHAKRABORTY, J.) mg