Eden Realty Ventures Pvt Ltd v. Ai Champdany Industries Limited

OD-51 ORDER SHEET AP/130/2022

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE EDEN REALTY VENTURES PVT LTD VS AI CHAMPDANY INDUSTRIES LIMITED

BEFORE:

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

Mr. Surajit Nath Mitra, Sr. Adv.

Mr. Deepak Kumar Jain, Adv.

Mr. Rajarshi Dutta, Adv.

Mr. Satadeep Bhattacharyya, Adv.

Mr. Subhajit Ghosh, Adv.

Ms. Trini Joardar, Adv.

The Court: Heard Counsel appearing on behalf of the parties. There is no dispute as to the arbitration agreement and parties have agreed to refer this matter to arbitration and have also agreed on the sole arbitrator for the said arbitration proceeding. It is to be noted that in the main agreement, the arbitration tribunal was to contain three arbitrators but the parties have agreed to go for a sole arbitrator. Keeping the consensus ad idem of the parties to referring this matter to the sole arbitrator, the person agreed upon by them is appointed as the arbitrator.

Accordingly, Mr. Jyotirmoy Bhattacharya, Former Chief Justice of Calcutta High Court is appointed as Arbitrator. 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.

AP/130/2022 is accordingly disposed of.

Since no affidavits have been called for, any allegations made in the petition are deemed to be denied.

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