Calcutta High Court
Sandhya Neogi vs Jayanta Kumar Neogi And Ors on 5 March, 2020
Author: Ashis Kumar Chakraborty
Bench: Ashis Kumar Chakraborty
O-33
ORDER SHEET
AP 404 OF 2019
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
SANDHYA NEOGI
Versus
JAYANTA KUMAR NEOGI AND ORS.
............
BEFORE:
The Hon'ble JUSTICE ASHIS KUMAR CHAKRABORTY Date : 5th March, 2020.
Mr. Chayan Gupta, Ms. Dwidhiti Bhaduri, advs...for petitioner. Mr. Siddhartha Chatterjee, Mr. Abir Lal ghosh, advs...for respondents. The Court : This is an application under section 11(6) of the Arbitration and Conciliation Act, 1996. The petitioner being one of the partners of the firm namely, S.D.B. Commercial Traders which has wrongly been impleaded as respondent no.4 in the application.
Clause 27 of the Deed of Partnership dated February 1, 2010 contemplates that all disputes and differences arising between the parties herein, being the partners of the firm shall be referred to an Arbitral Tribunal comprising two Arbitrators and the Presiding Arbitrator. However, subsequently, by an agreement dated December 24, 2019 parties have modified clause 27 of the Partnership Deed to the effect that all disputes arising between themselves relating to the firm shall be adjudicated by a sole Arbitrator.2
By a letter dated April 10, 2019 addressed to the other partners of the firm, being the respondent nos.1, 2 and 3 herein, the petitioner invoked the arbitration agreement and requested the respondents to concur with the appointment of the Arbitrator named by herself. However, the respondent has refused to agree to the appointment of the Arbitrator as named by the petitioner.
In view of the above facts, it is evident that the procedure agreed between the parties for appointment of Arbitrator has failed and the present application is maintainable.
Accordingly, Mr. Shyama Prasad Sarkar, Senior Advocate of Bar Library Club (First Floor) is appointed as the sole Arbitrator to adjudicate the disputes between the parties.
The Arbitrator shall be free to fix his remuneration and to engage the secretarial staff for conducting the arbitral proceeding. The fees of the Arbitrator and the remuneration of the secretarial staff shall be borne by the parties in equal share.
With the above directions, the application, AP No.404 of 2019 stands disposed of.
(ASHIS KUMAR CHAKRABORTY, J.) pkd.