Cts Industries Limited v. United India Insurance Company Limited

ODC-30

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE [COMMERCIAL DIVISION] AP-COM/458/2024 CTS INDUSTRIES LIMITED VS UNITED INDIA INSURANCE COMPANY LIMITED

BEFORE:

The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 1st April, 2024.

Appearance:

Mr. Aniruddha Bhattacharyya, Adv.

MR. Arnab Roy, Adv.

...for petitioner.

The Court:- This is an application filed under section 15 of the Arbitration and Conciliation Act, 1996 read with section 11 of the Act. It is fairly submitted by both the parties that though the arbitration proceeding had commenced as far back as on June 2021 and substantial progress had been made by the Arbitrator, the Arbitrator expired on 19 November, 2023 and the mandate of the Arbitrator has come to an end. Significantly, the matter is at the stage of final hearing. In such circumstances, both the petitioner and the respondent consent to the appointment of a substitute Arbitrator.

In view of the aforesaid, there shall be an order in terms of prayers (a) and (b) of the Notice of Motion.

Mr. Utpal Bose, Senior Advocate is appointed as a Sole Arbitrator and is to act after complying with all necessary formalities under the Act. The appointment is subject to the Learned Arbitrator communicating his consent in the prescribed format to the Registrar, Original Side of this Court within three weeks from date. The Advocate on Record of the petitioner shall communicate this order to the Learned Arbitrator forthwith and positively within 10 days from the date of passing of this order.

With the aforesaid directions, AP-COM/458/2024 stands disposed of. Affidavit of Service filed on behalf of the petitioner be kept with the records. (RAVI KRISHAN KAPUR, J.) SK.