Shree Laxmi Iron And Steel Works Private Limited v. The Eastern Railway And ORS.

OD 1 AP/316/2020

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE SHREE LAXMI IRON AND STEEL WORKS PRIVATE LIMITED VS THE EASTERN RAILWAY AND ORS.

BEFORE:

The Hon'ble JUSTICE SHEKHAR B. SARAF Date : 6th April, 2022.

Appearance:

Mr. Debnath Ghosh, Adv.

Mr. Avijit Dey, Adv.

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.

This Court by order dated 18th January, 2022 had proposed the name of Justice Amit Talukdar, retired Judge of this court for appointment as arbitrator and had directed to obtain his declaration in terms of Section 12(1) in the prescribed form in the Sixth Schedule of the Act. The proposed arbitrator has expressed his inability to conduct arbitral proceedings in the present case.

Subsequently, Justice Tapan Kumar Dutt, retired Judge of this Court was proposed to be appointed as Arbitrator but he has refused to act as Arbitrator in this matter.

In light of the same, Justice Girish Chandra Gupta, former Chief Justice of High Court at Calcutta, (Mobile No. 8902028848, 9830929723), is appointed as Arbitrator to resolve the disputes between the parties. The Registrar, Original Side is directed to obtain the declaration from the proposed Arbitrator in terms of Section 12(1) in the form prescribed in the Sixth Schedule of the Act.

AP No. 316 of 2020 is, accordingly, disposed of. (SHEKHAR B. SARAF, J.) sp/