Tripura High Court
M/S Apollo Medskills Limited vs The State Of Tripura & Others on 8 September, 2022
Author: Indrajit Mahanty
Bench: Indrajit Mahanty
Page 1 of 2
HIGH COURT OF TRIPURA
AGARTALA
Arb.P. No.07 of 2022
M/s Apollo Medskills Limited, Company
.........Petitioner(s)
Versus
The State of Tripura & others
.........Respondent(s)
For Petitioner(s) : Mr. Somik Deb, Sr. Advocate, Mr. S. Majumder, Advocate.
For Respondent(s) : Mr. Debalay Bhattacharya, G.A., Mr. Karnajit De, Addl. G.A. HON'BLE THE CHIEF JUSTICE MR. INDRAJIT MAHANTY Order 08/09/2022 Heard learned senior counsel Mr. Somik Deb, assisted by Mr. S. Majumder, learned counsel appearing for the petitioner as well as Mr. Debalay Bhattacharya, learned Government Advocate assisted by Mr. Karnajit De, learned Additional Government Advocate, appearing for the respondents-State.
This is an application filed by the petitioner-company under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking an order for appointment of a sole Arbitrator for resolving purported dispute which had arisen between the parties in terms of arbitration clause contained in Clause 8 of the Memorandum of Understanding dated 07.01.2019 The arbitration clause is reproduced hereinbelow:
"8. Arbitration and Applicable Laws-
8.1 The parties hereby agree that any dispute arising in Page 2 of 2 connection with this MoU shall first be addressed mutually by the Parties. If the said Parties are unable to resolve the dispute matually, the dispute shall be referred to the Empowered Committee of NRLM in the Ministry of Rural Development, Government of India, whose decision shall be final and binding on all parties.
8.2 In case an aggrived party seeks judicial remedy, and where the Ministry of Rural Development is the First Applicant/Petitioner, the petition may be filed in appropriate Court having jurisdictions in Delhi. In case, applicant/petitioner is TRLM, the petition shall be filed in the High Court of the concerned State."
Accordingly, considering the arbitration clause and as suggested by learned counsel for both the parties, Shri Subhash Sikdar, a retired District Judge, is hereby appointed to act as a sole Arbitrator to resolve the disputes between the parties. Parties are at liberty to raise all such contentions before the learned Arbitrator. Nothing stated in this order shall prejudice either side in raising their claims and/or counter-claims before the learned Arbitrator.
Within a period of 2(two) weeks from today, the parties shall obtain a declaration from him in terms of Section 12(1)(b) of the Arbitration and Conciliation Act, 1996 and file it before the Registry of this Court.
Arbitration petition is disposed of accordingly. Pending application(s), if any, also stands disposed of.
(INDRAJIT MAHANTY), CJ Pijush