Mahakali Udyog Private Limited v. Ksa Resources Llp

ODC-15

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE [COMMERCIAL DIVISION] AP-COM/531/2024 Mahakali Udyog Private Limited VS Ksa Resources Llp

BEFORE:

The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 14th May, 2024.

Appearance:

Mr. Ishaan Saha, Adv.

..for petitioner.

Mr. Sidhartha Sharma, Adv.

Mr. Rishav Dutt, Adv.

Mr. S. Mitra, Adv.

...for respondent.

The Court: This is an application for appointment of a substitute Arbitrator.

By an order dated 11 May, 2023, a Co-ordinate Bench had appointed an Arbitrator. It is submitted on behalf of both the parties that during the pendency of the arbitral proceedings, due to subsequent events, the Learned Arbitrator is unable to act as Arbitrator. In such circumstances, the mandate of the Arbitrator stands terminated in terms of the order dated 11 May, 2023.

By consent of the parties, the Hon'ble Former Chief Justice Mr. Sanjib Banerjee of the Madras and Meghalaya High Courts is appointed as substitute Arbitrator subject to the Arbitrator communicating his consent to the Registrar, Original Side of this Court within three weeks from date. The petitioner is directed to take necessary steps to communicate this order forthwith. The petitioner is also directed to obtain the records of the

arbitral proceedings from the office of the erstwhile Arbitrator and place the same before the substitute Arbitrator.

With the above directions, AP-COM 531 of 2024 stands disposed of. (RAVI KRISHAN KAPUR, J.) SK.