Efcalon Tie Up Private Limited v. Startrack Agency Private Limited

ODC-25 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION (Via Video Conference) AP/158/2021 EFCALON TIE UP PRIVATE LIMITED

VERSUS

STARTRACK AGENCY PRIVATE LIMITED

BEFORE:

The Hon'ble JUSTICE DEBANGSU BASAK Date: 22nd March, 2021.

Appearance:

Mr. Mainak Bose, Adv.

Mr. D. Basu, Mullick, Adv.

Mr. Rajesh Upadhyay, Adv.

..for the petitioner Mr. Sukrit Mukherjee, Adv.

Mr. C. Agarwal, Adv.

...for the respondent The Court :- It is contended on behalf of the petitioner that, the learned arbitrator appointed by an order of the Court resigned since there was an application for review for the appointment of the arbitrator pending. Learned Advocate appearing for the respondent submits that subsequently the review petition was withdrawn and that, the respondent do not object to the appointment of an arbitrator.

It appears from the records that, initially an arbitrator was appointed who resigned due to an objection being taken. The substituted arbitrator also resigned

in view of an application for review being made by the respondent. The respondent however withdrew the review application. As on date the parties do not object to an arbitrator being appointed. In such circumstances, Mrs. Justice Samapti Chatterjee (retired) is appointed as the arbitrator in place and stead of the outgoing arbitrator on the same terms and conditions as the initial appointment of the arbitrator. A.P. No. 158 of 2021 is disposed of accordingly. Since the Court did not invite any affidavits from the parties, the allegations made in the application are deemed to be denied by the respondent. (DEBANGSU BASAK, J.) S.Bag