Srabani Nundy v. Arpita Banerjee And ANR

OD 11 ORDER SHEET AP/532/2019

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE SRABANI NUNDY VS ARPITA BANERJEE AND ANR

BEFORE:

The Hon'ble JUSTICE SABYASACHI BHATTACHARYYA Date: 19th July, 2024.

Appearance:

Mr. Pratip Mukherjee, Adv.

. . .for the petitioner.

Mr. Emon Bhattacharjee, Adv.

. . .for the respondent.

The Court:- Upon hearing learned counsel for the parties, it transpires that the arbitration clause in the agreement between the parties encompasses the dispute now arising between them.

The dispute is otherwise arbitrable as well. As there is no consensus between the parties, the matter is entertained and taken up for hearing. In view of the yardsticks of Section 11 of the Arbitration and Conciliation Act, 1996 having been met, AP 532 of 2019 is allowed, thereby appointing Mr. Jayanta Sengupta, (Mob. No. 9231500518), a member of the Bar Library Club, as the sole Arbitrator to resolve the dispute between the parties, subject to obtaining a declaration from the said learned Arbitrator under Section 12 of the 1996 Act. The learned Arbitrator shall fix his own remuneration in consultation with the

parties and in consonance with the provisions of the 1996 Act and its ScheduleIV. (SABYASACHI BHATTACHARYYA, J.) SP