Narendra Jain vs Shristi Infrastructure Development ... on 4 October, 2016

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Calcutta High Court

Narendra Jain vs Shristi Infrastructure Development ... on 4 October, 2016

Bench: Soumen Sen

                              ORDER SHEET
                              AP 847/2016
                     IN THE HIGH COURT AT CALCUTTA
                 Ordinary Original Civil Jurisdiction
                             ORIGINAL SIDE



                            NARENDRA JAIN
                                Versus
        SHRISTI INFRASTRUCTURE DEVELOPMENT CORPN. LTD. & ORS.


      BEFORE:
      The Hon'ble JUSTICE SOUMEN SEN

      Date : 4th October, 2016.

                                        Mr.P.K. Dutt, Sr. Adv.,
                                        Mr.Rajarshi Dutta, Adv.
                                        Mr.Sayantan Bose, Adv.
                                        Ms.S. Purkayastha, Adv., for
                                        the petitioner.

                                        Mr.Pankaj Agarwal,
                                        Mr.R. Munsi, Adv., for the
                                        respondents.

The Court : There is no dispute either as to the existence of arbitration agreement or that the disputes have arisen out of the said arbitration agreement and are required to be decided and resolved through arbitration. The parties are not in dispute that the disputes were covered by the arbitration clause and an Arbitrator is required to be appointed to decide the issues raised by the petitioner.

It is not in dispute that the petitioner has raised certain disputes and a notice for appointment of arbitrator was sent to the respondents on 16th August, 2016.

The respondents however, did not concur to the appointment of the Arbitrator proposed in the said notice. In view thereof, the mechanism for appointment of the Arbitrator has failed.

Under such circumstances, Justice Dilip Kumar Seth, a retired Judge of this Court, is appointed as an arbitrator. The commensurate remuneration shall be fixed by the Arbitrator at the first sitting of the arbitration preferably on a consolidated basis instead of per sitting. The parties are directed to bear the remuneration of the Arbitrator and the expenses of the arbitration in equal measure. The Arbitrator is requested to conclude the reference within a period of 10 months of the statement of claim being lodged before him.

AP No. 847 of 2016 is, accordingly, disposed of. There shall be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(SOUMEN SEN, J.) sd/

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