Reggy Real Estate Llp v. Alokendu Bodh Niketan Residential (Aruradha Branch) And ANR

OD 6 ORDER SHEET AP/104/2024

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE REGGY REAL ESTATE LLP VS ALOKENDU BODH NIKETAN RESIDENTIAL (ARURADHA BRANCH) AND ANR

BEFORE:

The Hon'ble JUSTICE SABYASACHI BHATTACHARYYA Date: 24th September, 2024.

Appearance:

Mr. Lakshmi Nath Bhattacharyya, Adv.

Ms. Somorshee Saha, Adv.

The Court: Despite service, none appears for the respondents. The affidavit of service filed today be kept on record. The parties entered into an agreement for sale which contains an arbitration clause. As per the arbitration clause, that is Clause No.13, all disputes or differences in relation to or arising out of or touching the agreement or its validity, etc. are to be referred to arbitration. The petitioner has duly issued a notice under Section 21 of the Arbitration and Conciliation Act, 1996 invoking the arbitration clause on February 21, 2024, which apparently failed to elicit any response. Accordingly, this is a fit case where the disputes ought to be referred to arbitration. Accordingly, AP 104 of 2024 is allowed, thereby appointing Sri Suranjan Kundu, a retired District Judge (Mobile Nos. 9434136833 and 8910358172) as

the sole Arbitrator to resolve the disputes between the parties, subject to a declaration being obtained under Section 12 of the Arbitration and Conciliation Act, 1996 from the said Arbitrator. The learned Arbitrator shall fix his own remuneration in consonance with the provisions of 1996 Act, read with its Fourth Schedule.

(SABYASACHI BHATTACHARYYA, J.) SP/