M/S. Royal Infraconstru Ltd. v. Eastern Railways Represented By The General Manager

OD 107 ORDER SHEET AP/137/2022

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE M/S. ROYAL INFRACONSTRU LTD.

VS EASTERN RAILWAYS REPRESENTED BY THE GENERAL MANAGER

BEFORE:

The Hon'ble JUSTICE SHEKHAR B. SARAF Date: 28th April, 2022.

Appearance:

Mr. Arnab Chakraborty, Adv.

Ms. Pragya Bhowmick, Adv.

The Court: By an order dated 26th March, 2021, Ms. Justice Nadira Patherya (Retired) had been appointed as an Arbitrator in this matter. Subsequently, by a letter dated 2nd September, 2021, the Arbitrator has revoked her acceptance for reasons given in the said letter. Parties have jointly written to the Arbitrator to continue with the mandate of the arbitration but no fruitful results have come. Accordingly, the parties pray for appointment of a new Arbitrator in this matter.

In light of the above submission, the mandate of Ms. Justice Nadira Patherya is cancelled.

Accordingly, Justice Md. Mumtaz Khan (Retired) 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.

The learned Arbitrator is directed to take up this matter from the stage where the arbitration has stopped before the Hon'ble Justice Nadira Patherya (Retired).

AP/137/2022 is, accordingly, disposed of.

(SHEKHAR B. SARAF, J.) B.Pal