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IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE Present :

The Hon'ble Justice Soumen Sen G.A. No.3306 of 2014 G.A.No.2824 of 2014 C.S. No.324 of 2014 UTKARSH TUBES AND PIPES LIMITED VS.
SIMPLEX INFRASTRUCTURE LIMITED


For the plaintiff              : Mr.   Abhrajit Mitra, Sr. Adv.
                                 Mr.   Samrat Sen, Sr. Adv.
                                 Mr.   J. Chowdhury,
                                 Mr.   R. Ghosh,
                                 Mr.   C. Gupta
                                 Mr.   Dwipraj Basu,

For the defendant              : Mr. Pratap Chatterjee, Sr. Adv.
                                 Mr. Anirban Ray,
                                 Mr. Sourav Ghosh,
                                 Mr. P. Sinha,
                                 Mr. A.B. Mullick


Heard on                       : 31.10.2014, 10.11.2014, 14.11.2014,
                               17.11.2014,19.11.2014,26.11.2014,
                               28.11.2014

Judgment on                    : 9th December, 2014.
" Arbitration: In the event of any difference or dispute arising out of or in connection with this purchase order, the same shall be first amicably settled by mutual dialogue. If the parties fail to settle their difference or dispute arising out of or in connection with this work order (including interpretation of the terms thereof,), the same shall be referred to arbitration. The Arbitration proceedings shall be by a Single Arbitrator appointed by the Company Secretary of Simplex Infrastructure Limited and the award/decision of such arbitrator shall be final and binding upon both the parties. The venue of the Arbitration shall be Kolkata. However the work shall not be stopped during the pendency of the proceedings and it shall be ensured that such work is proceeded uninterruptedly".