Hindustan Construction Company Limited v. Kolkata Metropolitan Development Authority

ORDER

OD-9 AP/98/2021

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION HINDUSTAN CONSTRUCTION COMPANY LIMITED

VERSUS

KOLKATA METROPOLITAN DEVELOPMENT AUTHORITY

BEFORE:

THE HON'BLE CHIEF JUSTICE PRAKASH SHRIVASTAVA DATE : 22ND FEBRUARY, 2022 [Via Video Conference] APPEARANCE:

Mr. Ranjan Bachawat, Sr. Advocate Mr. Ayan Banerjee, Advocate Mr. Arijit Bhowmick, Advocate ......for the applicant.

Mr. Kishore Dutta, Sr. Advocate Mr. Sirsanya Bandopadhyay, Advocate Ms. Sanchari Chakraborty, Advocate Mr. Soumik Chakraborty, Advocate ..........for the respondent The Court: This application under Section 11 of the Arbitration and Conciliation Act, 1996 has been filed for appointment of arbitrator to resolve the dispute between the parties.

This Court after considering the arbitration agreement and the rival submission of Counsel for the parties had passed the detailed order dated 18th January, 2022 proposing the name of Justice Debi Prosad Dey, retired Judge of this Court for appointment as arbitrator and had directed to obtain his declaration in terms of Section 12(1) in the prescribed form in the Sixth Schedule of the Act.

The declaration as directed by this Court has been received from the proposed arbitrator who has no objection in conducting the arbitral proceedings.

Hence, the present AP is disposed of by appointing Justice Debi Prosad Dey, retired Judge of this Court as the sole arbitrator to resolve the dispute between the parties.

(PRAKASH SHRIVASTAVA, C.J.) sm/akg