Mohan Lal Saraf v. Suresh Kumar Saraf And ANR

OD 1 ORDER SHEET AP/26/2023 IA NO: GA/1/2023

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE MOHAN LAL SARAF VS SURESH KUMAR SARAF AND ANR

BEFORE:

The Hon'ble JUSTICE SHEKHAR B. SARAF Date: 29th March, 2023.

Appearance:

Mr. Mainak Bose, Adv.

Mr. Rahul Singh, Adv.

. . .for the petitioner.

Mr. Pradip Kumar Dutta, Adv.

Mr. Chanchal Kumar Dutta, Adv.

Ms. Arunima Lala, Adv.

Ms. Krishna Mullick, Adv.

. . .for the respondent.

The Court: Heard counsel appearing on behalf of the parties. This is a Section 9 application wherein an interim order is in place. On a suggestion given by this Court, parties have agreed to resolve their disputes through arbitration.

Since both parties have consented to appointment of an Arbitrator, this Court on consent of the parties directs appointment of the sole Arbitrator to resolve the disputes between the parties.

In view of the above, with consent of both parties, Mr. Utpal Bose, Senior Advocate, Bar Library Club, is appointed as Arbitrator. The appointment is subject to submission of declaration by the Arbitrator in terms of Section 12(1) in the form prescribed in the Sixth Schedule of the Act before the Registrar, Original Side of this Court within four weeks from today. Let this order be conveyed to the Arbitrator by the Registrar, Original Side forthwith.

The subsisting interim order shall continue for a further period of eight weeks or until any order passed by the Arbitrator, whichever is earlier. I make it clear that the Arbitrator shall act independently and without reference to any orders passed by this Court on all the interim applications that may be filed by the parties before him.

In light of the above directions, AP/26/2023 and interlocutory application bearing IA GA/1/2023 are disposed of.

(SHEKHAR B. SARAF, J.) sp/