Colliers International (India) Property Services Private Limited v. Ps Group Realty Private Limited

ORDER

OD-2 AP/89/2023

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION COLLIERS INTERNATIONAL (INDIA) PROPERTY SERVICES PRIVATE LIMITED

VERSUS

PS GROUP REALTY PRIVATE LIMITED

BEFORE:

THE HON'BLE CHIEF JUSTICE PRAKASH SHRIVASTAVA DATE : 16TH MARCH, 2023 APPEARANCE:

Mr. Kumarjit Banerjee, Advocate Ms. Sanchari Chakraborty, Advocate Ms. Abhishikta Choudhury, Advocate ....for the petitioner Mr. Sarbojit Mukherjee, Advocate Ms. Alakananda Das, Advocate Ms. Sayanika De, Advocate Mr. Lakshmi Sardar, 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.

The arbitration agreement dated 10th May, 2021 is not disputed by the counsel for the parties. This is also not in dispute that invoking the arbitration clause, the applicant had served the notice dated 20th October, 2022 upon the respondent in terms of Section 21 of the Act. The arbitrator could not be appointed as the parties could not reach to the consensus about the name of the Arbitrator. It is also not in dispute that the dispute exists between the parties which is required to be settled between the parties. With the consent of counsel for both parties, Mr. Raj Ratna Sen, Advocate of this Court is appointed as the sole arbitrator to resolve the disputes between the parties, subject to submission of declaration by the Arbitrator in terms of Section 12(1) in the form prescribed in the Sixth Schedule of the Act before the Registrar, Original Side of this Court, within four weeks from today.

Let this order be conveyed to the Arbitrator by the Registrar, Original Side, forthwith.

AP is accordingly disposed of.

(PRAKASH SHRIVASTAVA, C.J.) akg/