Calcutta High Court
Skipper Ltd vs Halonix Technologies Pvt. Ltd on 8 February, 2017
Author: Soumen Sen
Bench: Soumen Sen
ORDER SHEET
GA No.512 of 2016
With
CS No.183 of 2015
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
SKIPPER LTD.
Versus
HALONIX TECHNOLOGIES PVT. LTD.
BEFORE:
The Hon'ble JUSTICE SOUMEN SEN
Date : 8th February, 2017.
Appearance:
Mr. Satadeep Bhattacharya, Adv.
Ms. Sonia Sharma, Adv.
Mr. Uttam Sharma, Adv.
Mr. Vipul Kundalia, Adv.
Mrs. Sonal Shah, Adv.
The Court: By consent of the parties CS No.183 of 2015 is also treated as on the day's list and the same is disposed of in terms of the following order.
Although a point of territorial jurisdiction of this Court has been raised in the temporary application, but the learned Counsel appearing on behalf of the parties during the course of hearing of the matter have agreed to have the matter resolved through arbitration. The Court in exercise of its power under Section 89 of the Code of Civil Procedure, accordingly, refers the dispute to Mr. Sabyasachi Chowdhury, Advocate, Bar Library Club, as an Arbitrator to adjudicate the disputes forming the subject matter of 2 the suit within a period of four months from the date of entering upon reference at a consolidated remuneration of Rs.2,00,000/- to be shared by the parties equally.
It is needless to mention, that the other costs, charges and expenses of the arbitration shall be borne by the parties in equal measure. The Arbitrator may treat the plaint as a statement of claim.
The learned Counsel appearing on behalf of the defendant submits that the claim is barred by limitation. In my view, this is a matter to be decided by the Arbitrator and not in this proceeding.
GA No.512 of 2016 and CS No.183 of 2015 are disposed of.
(SOUMEN SEN, J.) sp/