Dimple Agarwal v. Darjeeling Plymer Industries Private Limited And ORS

19.06.2025 Court No.1 Item No.6 pa CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

AP 5 of 2025 Smt. Dimple Agarwal versus Darjeeling Polymer Industries Private Limited & Ors. Mr. Amales Ray, Sr.Adv.

Mr. Nigam Mittal, Mrs. Debashree Biswas ....for the Petitioner Mr. Bhaskar Roy Mahashaya Ms. Ambalika Ghosh . . for the respondents.

Affidavit of service filed in Court today is taken on record.

This is an application under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the said Act').

There is no dispute as to the existence of the arbitration agreement. There exists a live disputes between the parties, the claim is also not ex facie barred by limitation and appropriate notice under Section 21 of the said Act has also been given.

In the aforesaid facts and circumstances, I appoint Mr. Bikramaditya Ghosh, Advocate, High Court, Calcutta (Circuit Bench at Jalpaiguri) as the learned

Arbitrator to enter into reference and adjudicate the disputes and differences between the parties. The learned Arbitrator shall be entitled to the fees in terms of the 4th Schedule of the said Act read in the light of the judgment reported in (2024) 4 SCC 481 [Oil and Natural Gas Corporation Limited Vs. Afcons Gunanusa JV]. The learned Arbitrator shall be entitled to clerical and other assistance for which the parties shall equally bear the expenses apart from meeting the remuneration of the learned Arbitrator and other incidental expenses in equal proportion.

AP 5 of 2025 is, accordingly, disposed of.

(Arindam Mukherjee, J.)