Calcutta High Court
M/S. Archana Properties Private ... vs M/S. Metro Infrastructure Development ... on 19 November, 2019
Author: Ashis Kumar Chakraborty
Bench: Ashis Kumar Chakraborty
OD-12
AP 697 of 2019
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
M/S. ARCHANA PROPERTIES PRIVATE LIMITED
Versus
M/S. METRO INFRASTRUCTURE DEVELOPMENT LIMITED
BEFORE:
The Hon'ble JUSTICE ASHIS KUMAR CHAKRABORTY
Date : 19th November, 2019.
Appearance:
Mr. Vivek Basu, Adv.
...for the petitioner.
The Court : The claimant in the arbitral proceeding has
approached this Court for appointment of a new Arbitrator in place
and stead of Arbitrator appointed by this Court on November 22,
2017.
In spite of service of the application, the respondent
remains unrepresented. From the minutes of the arbitral proceeding as disclosed in the application it appears that due to the lackadaisical attitude of the parties the Arbitrator was not in a position to make any progress in the arbitral proceeding. Accordingly, the Arbitrator has expressed his inability to proceed with the arbitral proceeding.
It is submitted on behalf of the petitioner that it has claimed an award for Rs.87,15,13,524/- along with interest at the rate of 18% per annum. The respondent's counter-claim exceeds Rs.25 crore.
Considering the facts of the case and the prayer of the petitioner which remains uncontroverted, Justice Jayanta Kumar Biswas, a former Judge of this Court is appointed as the new Arbitrator to adjudicate the disputes between the parties.
The new Arbitrator will proceed with the arbitral proceeding on the basis of the pleadings already filed by the respective parties.
The new Arbitrator shall be paid a consolidated remuneration of Rs.30,00,000 (Rupees Thirty Lack only) which shall be borne by the parties in equal share.
The Arbitrator is also requested to conclude the arbitration proceeding within eight months from the date of communication of this order without granting any unnecessary adjournment to either of the parties. The parties shall deposit the fees of the Arbitrator in equal share in the manner as may be directed by the Arbitrator.
With the above directions, AP No.697 of 2019 stands disposed of. There shall, however, be no order as to costs.
Urgent certified website copies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(ASHIS KUMAR CHAKRABORTY, J.) s.pal