Calcutta High Court (Appellete Side)
The India Trading Company vs Hindustan Petroleum Corporation ... on 22 February, 2012
Author: Kalyan Jyoti Sengupta
Bench: Kalyan Jyoti Sengupta
22.02.2012
ad F.M.A.T 183 of 2012
with
C.A.N 1432 of 20012
The India Trading Company
Vs.
Hindustan Petroleum Corporation Limited
Mr. Samit Talukdar,
Mr. Neelesh Chowdhury,
Mr. Vijay Kr. Purohit,
Mr. Aniruddha Poddar
......... For the appellant/petitioner
Mr. D. Kundu,
Ms. Saswati Sengupta,
Mr. A Basu
......... For the respondent
Mr. Kundu has taken instruction from the competent high officials of the respondent in writing and we are happy to note that the respondent has agreed to appoint Arbitrator in terms of the arbitration agreement.
In that view of the matter, we dispose of the application and the appeal itself by the following order:
The respondent authority shall appoint Arbitrator as has been agreed to be done within a period of fortnight from the date of receipt of the copy of this order, failing which, parties will be entitled to approach the appropriate authority for appointment of the Arbitrator in accordance with law. In the meantime, it would be open for the competent authority to deal with the reply to the show-cause notice upon giving a hearing to Mr. Talukdar's client. If any adverse order is passed, then legality and validity of the show-cause notice as well as the order which might be passed would be subject matter of the reference. If no adverse order is passed, obviously, the matter will be a closed chapter. To enable to give reply, we grant fortnight times from the date of receipt of the copy of this order. If any adverse order is passed, no coercive measure shall be taken pursuant to such decision until further order, which might be passed by the appropriate authority. All points are kept open. We have not decided anything else.2
Allegations contained in the petition are not admitted since we have not called to file any affidavit.
The copy of Instruction given by the respondent authority in writing is kept on record.
Xerox plain copy of this order, duly countersigned by the Assistant Registrar (Court), be given to learned Counsel for the parties upon making application for obtaining Xerox certified copy of this order. In the event, Xerox certified copy is not taken delivery of, in spite of being notified; the effect of the Xerox plain copy will stand extinguished.
(Kalyan Jyoti Sengupta,J.) (Joymalya Bagchi,J.)