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Calcutta High Court

And Development (Ctrd) vs The Director Of Vocational Education on 5 March, 2021

Author: Debangsu Basak

Bench: Debangsu Basak

OD 27

                                      ORDER SHEET

                                     IA GA 1 of 2020
                                  (Old GA 1218 of 2020)
                                      AP 241 of 2020
                            IN THE HIGH COURT AT CALCUTTA
                              ORIGINAL CIVIL JURISDICTION
                                     ORIGINAL SIDE

                                    CONSORTIUM FOR TRAINING RESEARCH
                                         AND DEVELOPMENT (CTRD)
                                                   VS
                                     THE DIRECTOR OF VOCATIONAL EDUCATION
                                   AND TRAINING GOVT. OF WEST BENGAL

  BEFORE:
  The Hon'ble JUSTICE DEBANGSU BASAK
  Date: 5th March, 2021.

  (Via Video Conference)
                                                 Mr. Ranojit Chatterjee,
                                                 Mr. Aniruddha Mitra,
                                                 Ms. Deblina Banerjee, Advs.
                                                       ...for the petitioner
                                                 Mr. Subhabrata Datta,
                                                 Mr. Debashis Sarkar,
                                                 Mr. Paritosh Sinha, Advs.
                                                       ...for the respondent

The Court: Affidavits filed in Court be taken on record. This is an application under Section 11(6) of the Arbitration and Conciliation Act, 1996.

The parties entered into an agreement dated August 9, 2019. Such agreement contains an arbitration clause.

Disputes and differences arose between the parties consequent upon which the petitioner invoked an arbitration clause and made a reference under Section 21 of the Arbitration and Conciliation Act, 1996 by a letter dated July 7, 2020.

The parties are unable to agree to an arbitrator. 2 Learned advocate appearing for the respondent submits that in the event, the Court is pleased to appoint any person as an arbitrator, the respondent does not have any objection therein.

In such circumstances, since disputes and differences exist between the parties covered under the arbitration agreement contained in the agreement dated August 9, 2019, it would be appropriate to appoint Mr. Ajoy Krishna Chatterjee, senior advocate, Bar Library Club as an arbitrator. Learned arbitrator is at liberty to fix his remuneration. The parties will bear the costs, expenses and charges of the arbitration. The parties will inform the learned arbitrator of this order.

AP 241 of 2020 is disposed of accordingly.

The department will treat IA GA 1 of 2020 as disposed of.

(DEBANGSU BASAK, J.) TR/ 3