Ultratech Cement Limited v. Kusum Kejriwal

OD-64 ORDER SHEET AP 168 OF 2021

IN THE HIGH COURT AT CALCUTTA

Original Civil Jurisdiction ORIGINAL SIDE ULTRATECH CEMENT LIMITED

VERSUS

KUSUM KEJRIWAL

BEFORE:

The Hon'ble JUSTICE DEBANGSU BASAK Date : 8TH April, 2021.

Appearance:

Mr. Anirban Kar, Adv.

Mr. Pramit Kr. Shee, Adv.

Ms. Nibedita Mukherjee, Adv.

For the petitioner Mr. Kanisk Kejriwal, Adv.

...for the respondent The Court : In this application under Section 11[6] of the Arbitration and Conciliation Act, 1996, the petitioner seeks appointment of an arbitrator. It appears from the records that the parties entered into two several lease deed for the immovable properties and two several agreements for amenities.

In one of the lease deeds relating to the immovable property, an arbitrator was appointed on March 24, 2021 in AP No. 591 of 2019. The present application is lease deed relating to the residential property. In such circumstances, it would be appropriate to appoint the same arbitrator already appointed in AP No. 591 of 2019.

The respondent is represented.

Mr. Rupak Ghosh, Advocate, Bar Library Club is appointed as an arbitrator in terms of the arbitration agreement of the lease deed. The learned arbitrator is at liberty to fix his remuneration, which will be shared equally by the parties. The parties will bear the costs and expenses of the arbitration in equal share.

The parties are at liberty to inform the arbitrator of this order. AP No. 168 of 2021 is disposed of accordingly. (DEBANGSU BASAK, J.) S.De