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Calcutta High CourtAP/15/2023allowed

Bhagwandas Vehicle Test Service Pvt Ltd And ANR v. Aloke Kedia

2023-04-13Hon'Ble Justice Sabyasachi Bhattacharyya2 pages

OD-11 ORDER SHEET AP/15/2023

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE BHAGWANDAS VEHICLE TEST SERVICE PVT LTD AND ANR Vs ALOKE KEDIA

BEFORE:

The Hon'ble JUSTICE SABYASACHI BHATTACHARYYA Date : 13th April, 2023.

Appearance:

Mr. Sourav Sengupta, Adv.

Mr. Aman Baid, Adv.

...for the petitioners Mr. Rupak Ghosh, Adv.

Mr. Bimalendu Das, Adv.

Mr. Shomrik Das, Adv.

...for the respondent The Court: Heard learned Counsel for the parties. It transpires from the service agreement entered into between the parties that the same contains provision for arbitration in Clause XII. The dispute pertains to a money claim and is otherwise arbitrable. As there has not been any consensus between the parties regarding the Arbitrator, the application is entertained and decided under Section 11 of the Arbitration and Conciliation Act, 1996.

Accordingly, AP/15/2023 is allowed, thereby appointing Mr. Om Narayan Rai (Mobile No. - 98749 58601), an Advocate practising in this Court, as the sole Arbitrator to resolve the dispute between the parties,

subject to obtaining consent/declaration under Section 12 of the 1996 Act from the proposed Arbitrator.

Supplementary affidavit filed in Court today be kept on record. (SABYASACHI BHATTACHARYYA, J.) B.Pal/R.Bhar