Kumar Krityanand Singh v. Luxmi Township And Holdings Limited And ORS

18.01.2021 Item No.1 AP/ss CO 69 of 2019 With CAN 1 of 2020 Sri Kumar Krityanand Singh -Vs.- Luxmi Township & Holdings Limited & Ors.

(Through Video Conference) M/s Suresh Kumar Mitruka and Mantosh Bhowmik, Advocates ... For the Petitioner present in Court.

Mr. Subham Ghosh ... For the State present in Court.

Joint petition was filed by both the parties seeking appointment of an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996. The prayer for appointment of an arbitrator has been made on account of dispute which arose out of an agreement signed between the parties on June 20, 2017.

CAN 1 of 2020 has been filed by both the parties agreeing for appointment of Hon'ble Justice Pronab Kumar Chattopadhyay, a retired Judge of this Court as the sole arbitrator for settlement of dispute. As no specific name of the arbitrator has been mentioned in the agreement signed between the parties, with the consent of both the parties Hon'ble Justice Pronab Kumar Chattopadhyay, a retired Judge of this Court is appointed as sole arbitrator to resolve the disputes between the parties.

CO 69 of 2019 It was point out at the time of hearing that his consent has not yet been taken. The parties shall approach him and in case he agrees to be an arbitrator to resolve the disputes, his fees and the venue for arbitration shall be settled in consultation with him.

Let the parties approach Hon'ble Justice Pronab Kumar Chattopadhyay, a retired Judge of this Court within a period of one month from today on a day mutually agreed upon.

In case the arbitrator, for any reason, cannot take up the matter, the parties shall be at liberty to move application in the present case, for appointment of another arbitrator.

The present application is disposed of accordingly.

(Rajesh Bindal, J.)