Calcutta High Court
Karam Chand Thapar & Bros. (Coal Sales) ... vs M/S. Maithan Steel & Power Ltd on 18 May, 2016
Author: Biswanath Somadder
Bench: Biswanath Somadder
ORDER SHEET
AP No.283 of 2016
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
KARAM CHAND THAPAR & BROS. (COAL SALES) LTD.
Versus
M/S. MAITHAN STEEL & POWER LTD.
BEFORE:
The Hon'ble JUSTICE BISWANATH SOMADDER
Date : 18th May, 2016.
Mr. K. Thaker, Adv. for the petitioner.
Mr.Suddhasatva Banerjee, Adv. for the respondent.
The Court : This is an application for appointment of an Arbitrator in respect of a coal sale purchase contract, bearing no.KCT/SAC/15-16/20150430 dated 30th April, 2015, on the ground that the Arbitrator appointed by the parties has recused himself for reasons stated in his letter dated 8th March, 2016, being annexure 'É' at page 24 of the petition.
Upon considering the submissions made by the learned advocates for the parties and having regard to the facts and circumstances of the instant case, this Court appoints Mr. Pranab Kumar Dutta, Senior Advocate, as the Arbitrator to adjudicate upon the disputes and differences which have arisen between the parties in respect of the contract as described hereinabove. The Arbitrator will be entitled to determine his own remuneration which shall be borne by the parties, equally. The Arbitrator shall also be entitled to secretarial and clerical assistance, the remuneration of which shall be fixed by the Arbitrator and shall also be borne by the parties, equally. The Arbitrator shall not 2 grant unnecessary adjournments to the parties and the parties are directed not to pray any adjournment other than for exceptional or rare reason. It shall be the endeavour of the Arbitrator to conclude the arbitral proceeding as expeditiously as possible, preferably within a period of one year from date of communication of a photostat certified copy of this order.
The application is accordingly disposed of.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.
(BISWANATH SOMADDER, J.) pa