Supreme Court - Daily Orders
Union Of India vs Rahul Kumar Thakur on 25 November, 2021
Bench: Hemant Gupta, V. Ramasubramanian
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 7038 OF 2021
[@ SPECIAL LEAVE PETITION (C) NO. 24778 OF 2019]
UNION OF INDIA Appellant(s)
VERSUS
RAHUL KUMAR THAKUR Respondent(s)
O R D E R
Leave granted.
The present appeal is directed against an order dated 12.03.2019 passed by the High Court of Calcutta at Kolkata, whereby an arbitrator namely, Ms. Noelle Banerjee was appointed as the sole arbitrator in an application filed by the respondent under Section 11(6) of the Arbitration and Conciliation Act, 1995. The parties before this Court have made a statement that an independent arbitrator be appointed to resolve the disputes between the parties instead of one appointed by the High Court. In view of the consent of the parties, we appoint Hon’ble Mr. Justice Tapan Sen, former Judge of the Calcutta High Court, as a sole arbitrator to resolve the disputes between the parties arising out of the Signature Not Verified Agreement in question. The learned Arbitrator will Digitally signed by Jayant Kumar Arora Date: 2021.11.29 17:00:17 IST Reason: start the proceedings De-novo, after giving opportunity of hearing to both the parties at the time and convenience of the learned Arbitrator. 2 Before parting with the case, the parties record their appreciation for the efforts made by Ms. Noelle Banerjee in conducting the arbitration proceedings. In view of above, the appeal is disposed of. Pending interlocutory application(s), if any, is/are disposed of.
.......................J. [ HEMANT GUPTA ] .......................J. [ V. RAMASUBRAMANIAN ] New Delhi;
NOVEMBER 25, 2021.
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ITEM NO.2 COURT NO.11 SECTION XVI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition for Special Leave to Appeal (C) No. 24778 of 2019 (Arising out of the final Judgment and order dated 12.03.2019 passed by the High Court of Calcutta in A.P. No. 80 of 2018) UNION OF INDIA Appellant(s) VERSUS RAHUL KUMAR THAKUR Respondent(s) Date : 25-11-2021 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN For Appellant(s) Mr. Sanjay Jain, ASG Mr. Sanjay Kumar Tyagi, Adv.
Mr. Apoorv Kurup, Adv.
Mr. Shantanu Sharma, Adv.
Mr. Anukalp Jain, Adv.
Mr. Amrish Kumar, Adv.
Mr. Raj Bahadur Yadav, AOR For Respondent(s) Mr. Shyam Divan, Sr. Adv.
Mr. Amit Kumar Singh, AOR Ms. K. Enatoli Sema, Adv.
Mr. Debrup Bhattacharjee, Adv. Mr. Vinayak Bhandari, Adv.
Ms. Chubalemla Chang, Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The Civil Appeal is disposed of in terms of the signed order. Pending interlocutory application(s), if any, is/are disposed of.
(JAYANT KUMAR ARORA) (RENU BALA GAMBHIR) COURT MASTER COURT MASTER
(Signed order is placed on the file)