Calcutta High Court
Bla Projects Private Limited & Anr vs National Highway Authority Of India on 25 June, 2015
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
O-742
AP No.672 of 2015
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
BLA PROJECTS PRIVATE LIMITED & ANR.
-Versus-
NATIONAL HIGHWAY AUTHORITY OF INDIA
& ORS.
Appearance:
Mr. P. Dasgupta, Adv.
Mr. P.B. Chowdhury, Adv.
...for the petitioner.
Mr. Aryak Dutta, Adv.
...for the respondent.
BEFORE:
The Hon'ble JUSTICE SANJIB BANERJEE Date : June 25, 2015.
The Court : The names of the second and third respondents are deleted since they are not parties to the arbitration agreement.
The respondent does not question the existence or the validity of the arbitration clause contained in the matrix contract.
The relevant clause provides for the parties to the agreement to name their nominees on the arbitral tribunal and for the two nominees to decide on the third arbitrator.
It is the admitted position that the letter of invocation issued by the petitioner on February 11, 2015 did not indicate the petitioner's nominee on the arbitral tribunal. As a 2 consequence, the invocation was incomplete and it did not oblige the respondent to indicate the respondent's nominee.
A.P.No.672 of 2015 is not entertained on the ground that it is premature and the petitioner is left free to indicate the petitioner's nominee on the arbitral tribunal within a fortnight from date whereupon the respondent has agreed to nominate its nominee within a fortnight thereafter. Upon the nominees of the parties being identified, such nominees are requested to ensure that the third arbitrator is appointed and intimation of the appointment given to the parties within a fortnight of the second nominee being informed of his nomination.
There will be no order as to costs.
Urgent certified website copies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(SANJIB BANERJEE, J.) A/s.