Shivam Industrial Parks And Estates Limited v. Saltee Infrastructure Limited

OD - 15

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE AP/246/2023 SHIVAM INDUSTRIAL PARKS AND ESTATES LIMITED -VersusSALTEE INFRASTUCTURE LIMITED BEFORE :

THE HON'BLE JUSTICE SABYASACHI BHATTACHARYYA Date : 2nd May, 2023 Appearance :

Mr. Jishnu Chowdhury, Adv.

Ms. Ujjyaini Chatterjee, Adv.

Mr.Nishant Kumar Saraf, Adv.

..for the petitioner..

Mr. Rahul Karmakar, Adv.

Mr.Sounak Mukherjee, Adv.

...for the respondent.

The Court : Affidavit of service filed today in Court be kept on record.

Learned counsel for the petitioner contends that there is an arbitration clause in the registered and duly stamped agreement dated April 7, 2014 between the parties. The dispute which has arisen between the parties falls within the purview of the said arbitration clause and is otherwise arbitrable. Learned counsel for the respondent submits that the respondent does not admit any of the claims made by the petitioner on merits. However, per se, there is no objection to an Arbitrator being appointed.

Upon the submission of the parties and documents on record, it is clear that the matter is arbitrable and otherwise falls within the domain of Section 11 of the Arbitration and Conciliation Act, 1996.

Since the respondent has suggested the name of Justice Jyotirmay Bhattacharya, a former Chief Justice of this Court and learned counsel for the petitioner does not oppose such appointment, AP No.246 of 2023 is allowed, thereby appointing Justice Jyotirmay Bhattacharya (Contact No.033 2441 3509, Mobile No.9830929738) a former Chief Justice of this Court, to resolve the disputes between the parties, subject to declaration/consent being obtained from him under Section 12 of the 1996 Act.

It is, however, made clear that the merits of the disputes, needless to say, are kept open for being decided by the Arbitrator.

(SABYASACHI BHATTACHARYYA, J.) S.Das/