Hindustan Copper Limited v. M/S. Bhagwati Oxygen Limited

OD-29 ORDER SHEET AP 300 of 2020

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE HINDUSTAN COPPER LIMITED

Versus

M/S. BHAGWATI OXYGEN LIMITED

BEFORE:

The Hon'ble JUSTICE DEBANGSU BASAK Date : 9th December, 2020.

(Via Video Conference) Appearance:

Mr. Pranit Bag, Adv.

Mr. Soumen Ghosh, Adv.

Mr. Snehasis Sen, Adv.

Mr. Abhishek Banerjee, Adv.

Mr. Aryak Dutt, Adv.

Mr. R.K. Basu, Adv.

The Court: This is an application under Sections 14 and 15 of the Arbitration and Conciliation Act, 1996.

Learned Advocate appearing for the petitioner fairly submits that the petitioner is not pressing for appointment of a new Arbitrator. Petitioner apprehends that the petitioner may be asked to travel distances in order to attend the arbitration proceedings in this pandemic. Learned Advocate appearing for the respondent submits that, the arbitration proceedings are being held in the virtual platform. The respondent does not object to the learned Arbitrator fixing the modality of taking evidence, if required, in the arbitration proceeding.

Learned Advocate appearing for the petitioner, on instruction, submits that, the petitioner also does not object to the learned Arbitrator fixing the modality to take evidence in arbitration, if required. The petitioner is ready and willing to participate in the virtual platform so far as the arbitration proceedings are concerned.

Under such circumstances, I find no reason to interfere in this application. Learned Arbitrator is at liberty to prescribe the modality of taking evidence, if required, in the arbitration proceeding. He is at liberty to decide on the modality of holding the arbitration proceedings, in accordance with law. AP 300 of 2020 is disposed of.

(DEBANGSU BASAK, J.) R.Bhar