Solar Paints Private Limited v. Space Rice Projects Private Limited

OD-22 ORDER SHEET AP/110/2022

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE SOLAR PAINTS PRIVATE LIMITED VS SPACE RICE PROJECTS PRIVATE LIMITED

BEFORE:

The Hon'ble JUSTICE SHEKHAR B. SARAF Date : 26th April, 2022 Appearance:

Mr. Suddhasatva Banerjee, Adv.

Mr. Chayan Gupta, Adv.

Mr. Dwip Raj Basu, Adv.

Mr. Pourush Bandyopadhyay, Adv.

Mr. Debnath Ghosh, Adv.

Mr. Sarosij Dasgupta, Adv.

Mr. Souvik Ganguly, Adv.

Mr. Bhavesh Garodia, Adv.

The Court: Heard Counsel appearing in this matter. This is a Section 9 application filed by the landlord against the developer seeking his 15% allocation in the property.

This Court has not gone into the factual matrix of the disputes as it appears that this matter shall be better dealt by a sole Arbitrator. On the suggestion of this Court, the parties have agreed to appointment of a Senior Advocate of this Court as the sole Arbitrator.

In light of the same, Mr. Surajit Nath Mitra, Senior Advocate is appointed as sole Arbitrator to resolve the disputes between the parties. The appointment is subject to submission of declaration by the Arbitrator in terms of Section 12(1) in the form prescribed in the Sixth Schedule of the Act before the Registrar, Original Side of this Court within four weeks from today.

Let this order be conveyed to the Arbitrator by the Registrar, Original Side forthwith.

Parties have also agreed to stay their hands with regard to transfer, sale, registration, execution in any manner of any document in relation to the said property for a period of 45 days from date.

The Arbitrator is requested to commence the arbitration proceeding expeditiously and hear out the Section 17 applications that are filed by the parties, if any, within a period of 45 days from date. AP/110/2022 is accordingly disposed of.

(SHEKHAR B. SARAF, J.) R.Bhar