Calcutta High Court
Liebherr India Pvt Ltd vs Emta Coal Ltd on 14 August, 2018
Author: Ashis Kumar Chakraborty
Bench: Ashis Kumar Chakraborty
OD-24 ORDER SHEET
AP 481 OF 2018
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
LIEBHERR INDIA PVT LTD
Versus
EMTA COAL LTD.
BEFORE:
The Hon'ble JUSTICE ASHIS KUMAR CHAKRABORTY
Date : 14th August, 2018.
Appearance:
Mr. Sukanta Chakraborty, Adv.
Mr. S. Roy, Adv.
... for the petitioner.
Mr. Sanjib Kumar Mal, Adv.
Mr. Atanu Roy Chowdhury, Adv.
Mr. Pushan Majumdar, Adv.
... for the respondent.
The Court : In this application under Section 11 of the Arbitration and Conciliation Act, 1996, as amended by Act 3 of 2016 the petitioner has prayed for appointment of an Arbitrator to adjudicate the disputes between the parties relating to the agreement dated July 4, 2013. There is no dispute between the parties with regard to the existence of the arbitration agreement in Clause 23 of the said contract dated July 4, 2013.
The petitioner by its letter dated April 24, 2018 invoked the arbitration agreement between the parties and informed the respondent of the Arbitrator nominated by it to adjudicate the disputes between the parties. Despite receipt of the said notice dated April 24, 2018 the respondent did not respond to the petitioner's request for adjudication of the disputes between the parties through arbitration, nor raise any objection to the Arbitrator nominated by the 2 petitioner. After the expiry of the statutory period of 30 days from the date of receipt of the said notice dated April 24, 2018 by the respondent, the petitioner has filed this application for appointment of an Arbitrator by this Court. When the existence of the arbitration agreement is not in dispute between the parties, in view of the provisions contained in Section 11(6A) of the Act of 1996 and in the light of the decisions of the Hon'ble Supreme Court in the case of M/s. Duro Felguera, S.A Vs. M/s. Gangavaram Port Limited reported in (2017) 9 SCC 729 this application succeeds.
Accordingly, Justice Debi Prosad Dey, a retired Judge of this Court is appointed as sole Arbitrator to adjudicate the disputes between the parties. The Arbitrator shall fix his consolidated remuneration which shall be borne by the parties.
The learned Arbitrator shall also be free to engage the secretarial staff for conducting the arbitral proceeding whose remuneration shall be borne by the parties in equal share.
The learned Arbitrator is requested to make and publish award within a period of 8 months from the date of filing of the statement of claim by the claimant in the arbitral proceedings.
With the above directions AP 481 of 2018 stands disposed of, without any order as to costs.
(ASHIS KUMAR CHAKRABORTY, J.) mg