Calcutta High Court
Ganapati Mansion Pvt. Ltd vs Dinesh Kumar Srivastava & Anr on 22 March, 2017
Author: Soumen Sen
Bench: Soumen Sen
ORDER SHEET
AP 740 of 2016
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
GANAPATI MANSION PVT. LTD.
Versus
DINESH KUMAR SRIVASTAVA & ANR.
BEFORE:
The Hon'ble JUSTICE SOUMEN SEN
Date : 22nd March, 2017.
Appearance:
Mr. Srijib Chakrabarty, Adv.
Mr. Sunny Nandy, Adv.
Ms. Urmila Chakrabarti, Adv.
The Court : Upon depositing a sum of Rs. 27,00,000/- with the Registrar, Original Side of this Court within two weeks from date, the petitioner shall be entitled to proceed with the arbitration which is to commence in terms of this order. There is no dispute either with regard to the existence of the arbitration agreement or that the dispute has arisen out of the arbitration agreement. The Collector has assessed the stamp duty at Rs. 27,00,000/- and also penalty aggregating little over Rs. 41 lakhs. The appeal is pending.
Justice Subrata Mitra (Retired), former District & Sessions Judge, presently residing at Flat No.8, 4th Floor, New Banalata Housing Co- 2 operative Society Limited, 230 Shanti Palley, East Kolkata Towhship, P.O. & P.S. Kasba, Kolkata- 700107, (Mobile No. 9434189371), is appointed as sole Arbitrator to adjudicate the dispute between the parties. The Arbitrator shall enter reference only upon intimation of compliance of this order and shall dispose of the reference preferably within a period of eight months from the date of lodging of the statement of claim.
The appellate authority is requested to dispose of the appeal within ten days from the date of communication of this order by the parties without being influenced by any observations made in this order.
The commensurate remuneration of the Arbitrator may be fixed by the Arbitrator at the first sitting of the arbitration preferably on a consolidated basis. The parties are directed to bear the remuneration of the learned Arbitrator and the expenses of arbitration in equal measure.
In default of depositing the money the arbitration shall not commence and this order shall stand automatically recalled and the application shall stand automatically dismissed.
The Registrar, Original Side, shall deposit the said amount in a suitable fixed deposit account and shall allow withdrawal of the said amount only for the purpose of payment of stamp duties.
The application is, thus, disposed of.
(SOUMEN SEN, J.) snn/sp3