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Calcutta High Court

Exterior-Interiors Private Limited vs Hi Tech Point Technologies on 12 June, 2008

Author: Patherya

Bench: Patherya

                                          1


ORDER SHEET

                       IN THE HIGH COURT AT CALCUTTA
                   ORDINARY ORIGINAL CIVIL JURISDICTION
                               ORIGINAL SIDE

                              A. P. No. 274 of 2008


                          Exterior-Interiors Private Limited
                                        Versus
                             HI TECH Point Technologies
                               Private Limited & Ors.

                                                            Mr. Samrat Sen, Adv.
                                                            . for the petitioner
                                                           Mr. Atish Ghosh, Adv.
                                                           . for the respondents

BEFORE : The Hon'ble JUSTICE PATHERYA ___________________________________________________________ Date: 12.06.2008 ___________________________________________________________ This is an application filed under Section 11(6) of the Arbitration and Conciliation Act, 1996.

By letter dated 16th February, 2008, the petitioner invoked the arbitration clause and nominated its Arbitrator. Such nomination was not accepted by the respondents. Hence, the instant application has been filed.

Counsel for the respondents submits that the Arbitrator appointed by the respondents is not acceptable to the petitioner.

Having considered the submissions of the parties, as the parties could not agree to the personnel of the Arbitrator, this 2 is an appropriate case where the matter be placed before the Hon'ble The Chief Justice and/or Judge designated for appointment of the Arbitrator.

As no affidavit-in-opposition has been filed by the respondents, allegations contained in the petition are not admitted.

All parties to act on a xeroxed singed copy of this order on the usual undertaking.

( Patherya, J. ) AKGoswami