Calcutta High Court
Bhagawati Oxygen Limited vs Hindustan Copper Limited on 22 December, 2022
Author: Prakash Shrivastava
Bench: Prakash Shrivastava
ORDER OD - 1
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL CIVIL JURISDICTION
AP/614/2022
BHAGAWATI OXYGEN LIMITED
VERSUS
HINDUSTAN COPPER LIMITED
BEFORE:
HON'BLE CHIEF JUSTICE PRAKASH SHRIVASTAVA
Date: 22nd December 2022.
APPEARANCE:
Mr. Avinash Kankani, Advocate
... for applicant.
Mr. Jayanta Datta, Advocate
Mr. Biman Kumar Saha, Advocate
Mr. Atanu Mondal, Advocate
... for respondent.
The Court:- This Court, by order dated 23rd September 2022, while allowing AP/614/2022, had appointed Mr. Shibadas Banerji, senior advocate of this Court, as the Arbitrator, subject to submission of declaration by the proposed Arbitrator in terms of Section 12(1) in the form prescribed in the Sixth Schedule of the Arbitration and Conciliation Act, 1996 before the Registrar, Original Side of this Court. The proposed Arbitrator had expressed the inability to take up the matter in arbitration on health ground. Therefore, by order dated 25th November 2022, Mr. Pradip Kumar Ghosh, senior advocate, was appointed as Arbitrator on the same terms. Mr. Pradip Kumar Ghosh, by communication dated 14.12.2022, has expressed the inability to take up the matter in arbitration as he had appeared as senior advocate for one of the parties. In view of this, the earlier orders passed by this Court in AP/614/2022 are modified and Mr. Surajit Nath Mittra, senior advocate, is appointed as Arbitrator to resolve the dispute between the parties, subject to submission of declaration by the proposed Arbitrator in terms of Section 2 12(1) in the form prescribed in the Sixth Schedule of the Act before the Registrar, Original Side of this Court within four weeks from today.
Let this order be conveyed to the Arbitrator by the Registrar, Original Side, forthwith.
[PRAKASH SHRIVASTAVA, C.J.] s.kumar