Anita Mandal v. M/S Construction And ORS

OD-03 ORDER SHEET AP/39/2023

IN THE HIGH COURT AT CALCUTTA

ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE ANITA MANDAL VS M. S. CONSTRUCTION AND OTHERS

BEFORE:

The Hon'ble JUSTICE SABYASACHI BHATTACHARYYA Date : 6th April, 2023.

Appearance:

Mr. Arnab Roy, Advocate, Mr. Satyam Mukherjee, Advocate, . . . for the applicant.

Mr. Parikshit Basu, Adv., Ms. Bidisha Manna, Adv.

. . . for the respondent nos.1,2 and 3.

The Court: Learned counsel for the respondent nos. 1 to 3 submits that the respondents want Mr. Ayan Pal, Advocate to be the Arbitrator. However, parties are not ad idem on such score, which led to the filing of the application under Section 11, Arbitration and Conciliation Act, 1996 in the first place.

Since the Agreement dated June 27, 2018 contains an arbitration clause and the dispute arising between the parties falls within its scope, Mr. K. K. Thakkar and Mr. Arindam Banerjee, both Advocates of this Courts, are

appointed as Arbitrators to decide the dispute between the parties, subject to obtaining their consent under Section 12 of the 1996 Act. The appointed Arbitrators will be at liberty to appoint the Third Arbitrator in consonance with the agreement and the law. A.P. 39 of 2023 is, accordingly, disposed of. (SABYASACHI BHATTACHARYYA, J.)