Dr.Nitin Naik v. Babu Nanda Mishra And ORS

05.12.2023 as

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri FMAT (ARBAWARD) 46 of 2023 with CAN 1 of 2023 With CAN 2 of 2023 Dr. Nitin Naik Vs.

Babu Nanda Mishra & Ors.

Mr. Amit Sinha, Mr. Bikash Singha.

...for the Appellant.

Dr. Navin Barik, Ms. Esha Acharya.

...for the Respondents.

1.

Appellant had assailed an order passed by the learned District Judge refusing to interfere with the jurisdiction of the Arbitrator who had been unilaterally appointed by the respondents.

2.

Without prejudice to his contentions in the appeal, learned Advocate for the respondents submits his client has taken an application under Section 11 of the Arbitration Act for appointment of another Arbitrator.

3.

In view of the subsequent development, nothing survives in the present appeal.

4.

Appeal is accordingly disposed of by giving liberty to the parties to pursue the application under Section 11 of the Arbitration Act in accordance with law.

5.

In view of the above, both the applications being CAN 1 of 2023 and 2 of 2023 are also disposed of.

(Apurba Sinha Ray, J.) (Joymalya Bagchi, J.)