Blue Square Engineering v. Hi Tech Engineers

OCD 10 ORDER SHEET AP-COM/517/2025

IN THE HIGH COURT AT CALCUTTA

COMMERCIAL DIVISION ORIGINAL SIDE BLUE SQUARE ENGINEERING VS HI TECH ENGINEERS

BEFORE:

The Hon'ble JUSTICE SHAMPA SARKAR Date: 21st August, 2025.

Appearance:

Mr. Siddharth Shroff, Adv.

Mr. Diptomoy Talukdar, Adv.

. . .for the petitioner.

Mr. Haradhan Banerjee, Sr. Adv.

. . .for the respondent.

The Court:

1. Heard learned advocates for the parties.

2. The parties are not in agreement on the appointment of a sole Arbitrator. The agreed procedure was that each party will appoint their Arbitrator. Under Section 10 of the said Act, there should not be two Arbitrators. The agreed procedure is unworkable. Thus, there should be a presiding arbitrator.

3. Under such circumstances, the parties nominate their own arbitrators. Mr. Chayan Gupta, learned Advocate, shall be the nominee of the petitioner and Mr. Sounak Bhattacharyya, Advocate shall be nominee of

the respondent. Mr. Swatarup Banerjee, Advocate shall act as the presiding Arbitrator.

4. This order is subject to compliance of Section 12 of the Arbitration and Conciliation Act, 1996.

5. The learned Tribunal shall fix the remuneration as per the Schedule of the Act.

6. AP-COM/517/2025 is, accordingly, disposed of. (SHAMPA SARKAR, J.) SP/