Calcutta High Court
M/S. Servotech India Ltd vs West Bengal Livestock Development ... on 18 November, 2019
Author: Ashis Kumar Chakraborty
Bench: Ashis Kumar Chakraborty
AP 717 of 2019
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
M/S. SERVOTECH INDIA LTD
Versus
WEST BENGAL LIVESTOCK DEVELOPMENT CORPORATION LTD
BEFORE:
The Hon'ble JUSTICE ASHIS KUMAR CHAKRABORTY
Date : 18th November, 2019.
Appearance:
Mr. Suvan Sinha, Adv.
...for the petitioner.
Mr. Indronil Roy, Adv.
Mr. Dipayan Chowdhury, Adv.
Mr. S. Chowdhury, Adv.
Mr. S. Bhattacharya, Adv.
Mrs. Priyanka Chowdhury, Adv.
...for the respondent.
The Court : In this application under Section 11(6) of the Arbitration and Conciliation Act, 1996, as amended by Act 3 of 2015, the petitioner has prayed for appointment of a Sole Arbitrator to adjudicate the disputes between the parties relating to the agreement dated February 25, 2016. The said agreement contemplates that in the event any dispute arising between the parties thereto, the same shall be adjudicated through arbitration.
By a letter dated September 25, 2019, the petitioner informed the respondent of the disputes arisen out of the same agreement and called upon them to refer such disputes to arbitration. By a letter dated October 22, 2019 the respondent, however, alleged 2 that their exists no disputes between the parties to be referred to arbitration.
In the instant case, when by the said letter dated September 25, 2019 the petitioner has raised various money claims against the respondent has been denied by the said letter, it cannot be said that there exists no disputes to be adjudicated in arbitration.
Accordingly, Mr. Ranjan Sinha, Advocate of Bar Library Club (First Floor) is appointed as the Arbitrator to adjudicate the disputes between the parties relating to the agreement dated February 25, 2016.
The Arbitrator will be free to fix his remuneration and engage the secretarial staff for the purpose of conducting the arbitral proceeding. The fees of the Arbitrator and the remuneration of the secretarial staff shall borne by the parties in equal share.
Since the respondent was not called upon to file any affidavit-in-opposition, allegations made against them shall be deemed not to have been admitted.
With the above directions, the application, AP 717 of 2019 stands disposed of without any order as to costs.
(ASHIS KUMAR CHAKRABORTY, J.) S.Das/SK.