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Calcutta High CourtAP-COM/286/2026disposed

India Society Of Engineers v. Bba Infrastructure Limited

2026-05-08Hon'Ble Justice Gaurang Kanth2 pages

OCD-18 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

COMMERCIAL DIVISION ORIGINAL SIDE AP-COM/286/2026 INDIA SOCIETY OF ENGINEERS VS BBA INFRASTRUCTURE LIMITED

BEFORE:

The Hon'ble JUSTICE GAURANG KANTH Date : 8th May, 2026.

Appearance Mr. Aniruddha Mitra, Sr. Adv.

Mr. Aditiya Chakraborty, Adv.

Ms. Pooja Sah, Adv.

...for the petitioner Mr. Sankarsan Sarkar, Adv.

Mr. Ayan Dutta, Adv.

Mr. Piyush Jain, Adv.

...for the respondent The Court: Affidavit of service is taken on record. The petitioner has preferred the present petition under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of a sole Arbitrator to adjudicate the disputes between the parties in connection with the Assignment Agreement dated 05.03.2020.

Learned Counsel for the respondent appears and states that the respondent has no objection to the appointment of a learned sole Arbitrator to adjudicate the disputes between the parties. The parties have mutually agreed to the appointment of Mr. Debmalya Ghoshal, learned Advocate (Mob. No. 9830457792) as the sole Arbitrator to adjudicate the disputes between the parties.

All questions relating to arbitrability of the dispute, admissibility of the claims, limitation and other issues are kept open to be urged before the learned sole Arbitrator.

The learned sole Arbitrator shall enter upon the reference upon furnishing disclosure in terms of Section 12 of the Arbitration and Conciliation Act, 1996.

The learned sole Arbitrator shall be entitled to fix the remuneration in accordance with the Fourth Schedule of the Act. A copy of this order shall be communicated by the petitioner to the learned sole Arbitrator for necessary action. With the aforesaid directions, the present petition stands disposed of. Since no affidavits have been called for, none of the contentions are deemed to be admitted.

(GAURANG KANTH, J.) S. Mandi AR(CR)