Calcutta High Court
Sri Sudipta Banerjee And Ors vs Dipti Palit on 13 June, 2019
Author: Arindam Sinha
Bench: Arindam Sinha
ORDER SHEET
AP 190/2019
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
SRI SUDIPTA BANERJEE AND ORS.
Versus
DIPTI PALIT
BEFORE:
The Hon'ble JUSTICE ARINDAM SINHA
Date : 13th June, 2019.
Mr.Gaurav Purkayastha,
Mr.S. Ghosal, Advs., for the
petitioners.
Mr.Gautam Chakraborty, Mr.Kartick
Kr.Roy, Advs. for respondent
The Court : In this arbitration petition for appointment there was order made on 10th June, 2019, text of which is reproduced below:-
"Mr.Purkayastha, learned advocate appears on behalf of petitioners in this arbitration petition for appointment. He files affidavit of service. Mr.Chakraborty, learned advocate appears on behalf of respondent and submits, purported claims of petitioners are frivolous. This is tactics to pressurize his client being compelled to participate in expensive arbitral proceedings, wholly 2 unwarranted. He prays for adjournment to file his learned advocate's vakalatnama.
List on 13th June, 2019 under same heading."
On query from Court Mr.Chakraborty, learned advocate appearing on behalf of respondent fairly submits, arbitration agreement is exiting and his client is being thereby dragged into unnecessary proceedings with attendant costs and harassment. He seeks direction of payment of arbitral costs by petitioner at the first instance.
Mr. Supriyo Bose advocate, Bar Library Club is appointed arbitrator at remuneration of Rs.30,000/- per sitting. In view of stand taken by respondent and Court having ascertained that disputes arose out of termination of development agreement where petitioners have claimed for loss of profit, Court is inclined to direct and directs petitioner to bear costs of the reference till conclusion of it. Petitioner may urge costs of arbitration as a claim for award, before the Tribunal.
Arbitration petition is disposed of.
(ARINDAM SINHA, J.) sb.