Itd Itd Cem Joint Venture v. Kolkata Metro Rail Corporation Ltd

OCD-11 ORDER SHEET AP-COM/646/2024

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE (Commercial Division) ITD ITD CEM JOINT VENTURE VS KOLKATA METRO RAIL CORPORATION LTD

BEFORE:

The Hon'ble JUSTICE SABYASACHI BHATTACHARYYA Date : 10th July, 2024.

Appearance:

Mr. Jishnu Saha, Sr. Adv.

Ms. Hashnuhana Chakraborty, Adv.

Mr. A. K. Ghosh, Adv.

Ms. Ahana Bhattachariya, Adv.

..for the petitioner Mr. Jishnu Chowdhury, Adv.

Ms. Sreya Basu Mallick, Adv.

Mr. Aritra Basu, Adv.

Mr. Ankit Dey, Adv.

Ms. Shivangi Pathak, Adv.

..for the respondent The Court: The present application arose due to lack of concurrence between the parties regarding the panel, the constitution of which was a prelude to the reference to arbitration.

However, when the matter is called on for hearing today, a fresh panel is filed by learned counsel for the respondent. Learned senior counsel for the petitioner submits, on instructions, that the petitioner is agreeable to choose the Arbitrator(s) from the said panel.

As such, no cause of action survives for the present application under Section 11 of the Arbitration and Conciliation Act, 1996. The list of the persons comprising the panel filed today be kept on record.

Accordingly, AP-COM/646/2024 is disposed of as infructuous. (SABYASACHI BHATTACHARYYA, J.) R.Bhar/bp