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Calcutta High CourtAP-COM/242/2025disposed

Debjani Ghosh And ANR v. Ms Newlook Enterprise And ANR

2025-04-07Hon'Ble Justice Shampa Sarkar2 pages

OC 36

IN THE HIGH COURT AT CALCUTTA

COMMERCIAL DIVISION ORIGINAL SIDE AP-COM/242/2025 DEBJANI GHOSH AND ANR VS MS NEWLOOK ENTERPRISE AND ANR.

BEFORE:

The Hon'ble JUSTICE SHAMPA SARKAR Date : APRIL 07, 2025 Mr. Pourush Bandopadhyay, Adv.

Mr. Shivam Pathak, Adv.

Mr. Kamran Hossain, Adv.

....for petitioners Mr. Subhadip Biswas, Adv.

Mr. Subhanil Chakraborty, Adv.

...for respondents 1.

This is an application for appointment of a learned Arbitrator upon extension of the mandate, on the ground that the learned Arbitrator has since been elevated as a Hon'ble Judge of this Court.

2.

It is submitted that in the process of filing this application, the mandate expired due to efflux of time. The respondents do not object to such prayer and submit that the matter requires a conclusion.

3.

Accordingly, Mr. Sayantan Bose, learned Advocate [Mobile No.9830775264] is appointed as the learned Arbitrator, in substitution of the erstwhile Arbitrator. The mandate is further extended by a year, from the date of communication of this order.

4.

It is submitted that evidence is complete and the arguments are to commence. This order is being passed to secure the ends of justice.

5.

This order is passed subject to compliance of Section 12 of the Arbitration and Conciliation Act, 1996.

6.

The learned Arbitrator shall fix his remuneration in terms of the Schedule of the Act.

7.

The parties are at liberty to take back all documents which are lying before His Lordship, so that the same may be filed before the learned substituted Arbitrator. The proceedings shall continue from the stage it was last held.

8.

All issues and objections raised by the respondents, shall be decided by the learned Arbitrator.

9.

The observations made hereinabove are tentative and only for the purpose of disposal of this application.

10.

AP-COM 242 of 2025 is accordingly disposed of. (SHAMPA SARKAR, J.) pkd/GH. .