Tripura High Court
Unknown vs For The on 20 September, 2022
Author: Arindam Lodh
Bench: Arindam Lodh
HIGH COURT OF TRIPURA
AGARTALA
WP(C) 694 OF 2022
M/S Appllo Medskills Limited vrs. The State of Tripura & 3 Ors.
Present:
For the petitioner(s) : Mr. Somik Deb, Sr. Advocate.
Mr. R. Gorg, Advocate.
For the respondent (s) : Mr. S.S. Dey, Advocate General
Ms. A. Chakraborty, Advocate.
Mr. Sumit Debnath, Advocate.
HON'BLE MR.JUSTICE ARINDAM LODH 20.09.2022 Order Heard Mr. Somik Deb, learned senior counsel assisted by Mr. R. Gorg, learned counsel appearing for the petitioner. Also heard Mr. S. S. Dey, learned Advocate General assisted by Ms. A. Chakraborty and Mr. Sumit Debnath, learned counsels appearing for the State-respondents.
In view of the notice dated 08.09.2021, issued by the Chief Executive Officer, Tripura Rural Livelihood Mission as well as the order dated 08.09.2022, passed by the co-ordinate bench of this court in Arb. P. No.07 of 2022, Mr. Somik Deb, learned senior counsel assisted by Mr. R. Gorg, learned counsel appearing for the petitioner submits that they do not like to press the instant petition.
Mr. Deb, learned senior counsel has drawn my attention to the order dated 08.09.2022, which reads as follows:-
"Heard learned senior counsel Mr. Somik Deb, assisted by Mr. S. Majumder, learned counsel appearing for the petitioner as well as Mr. Debalay Bhattacharya, learned Government Advocate assisted by Mr. Karnajit De, learned Additional Government Advocate, appearing for the respondents-State. This is an application filed by the petitioner-company under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking an order for appointment of a sole Arbitrator for resolving purported dispute which had arisen between the parties in terms of arbitration clause contained in Clause 8 of the Memorandum of Understanding dated 07.01.2019.
The arbitration clause is reproduced hereinbelow:
"8. Arbitration and Applicable Laws-
8.1 The parties hereby agree that any dispute arising connection with this MoU shall first be addressed mutually by the Parties. If the said Parties are unable to resolve the dispute matually, the dispute shall be referred to the Empowered Committee of NRLM in the Ministry of Rural Development, Government of India, whose decision shall be final and binding on all parties. 8.2 In case an aggrived party seeks judicial remedy, and where the Ministry of Rural Development is the First Applicant/Petitioner, the petition may be filed in appropriate Court having jurisdictions in Delhi. In case, applicant/petitioner is TRLM, the petition shall be filed in the High Court of the concerned State."
Accordingly, considering the arbitration clause and as suggested by learned counsel for both the parties, Shri Subhash Sikdar, a retired District Judge, is hereby appointed to act as a sole Arbitrator to resolve the disputes between the parties. Parties are at liberty to raise all such contentions before the learned Arbitrator. Nothing stated in this order shall prejudice either side in raising their claims and/or counter-claims before the learned Arbitrator.
Within a period of 2(two) weeks from today, the parties shall obtain a declaration from him in terms of Section 12(1)(b) of the Arbitration and Conciliation Act, 1996 and file it before the Registry of this Court.
Arbitration petition is disposed of accordingly. Pending application(s), if any, also stands disposed of." Since the petition has not been pressed, it stands disposed as withdrawn.
Liberty remains open to the parties to approach the court if they are aggrieved of any order in the Arbitration proceedings.
JUDGE sanjay