Bhagwandas Vehicle Test Service Pvt Ltd And ANR v. Aloke Kedia

OCD 3 ORDER SHEET AP-COM/553/2025

IN THE HIGH COURT AT CALCUTTA

COMMERCIAL DIVISION ORIGINAL SIDE BHAGWANDAS VEHICLE TEST SERVICE PVT LTD AND ANR VS ALOKE KEDIA

BEFORE:

The Hon'ble JUSTICE SHAMPA SARKAR Date: 30th July, 2025.

Appearance:

Mr. Sariful Haque, Adv.

Mr. Rajib Mullick, Adv.

Ms. S. Jha, Adv.

. . .for the petitioner.

Ms. Lopamudra Banerjee, Adv.

. . .for the respondent.

The Court:

1. This is an application to record inability of the learned Arbitrator to perform his duties on his elevation and for appointment of a substitute Arbitrator.

2. Learned Advocate for the respondent undertakes to file her Vakalatnama within a week from date.

3. Considering the submissions of the parties, this is a fit case for appointment of substitute Arbitrator in place of His Lordship. Both parties submit that the mandate should be extended.

4. Under such circumstances, this Court appoints Mr. Debmalya Ghoshal, [Mob. No. 9830457792] learned advocate, as the substitute Arbitrator, to arbitrate upon the disputes between the parties. The proceeding shall continue before the learned substitute arbitrator from the stage it was last held. The parties are at liberty to take back the documents from the office of the erstwhile learned Arbitrator, so that the same may be filed before the learned substitute arbitrator.

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

6. The learned Arbitrator shall fix his own remuneration as per the Schedule of the Arbitration and Conciliation Act.

7. AP-COM 553 of 2025 is, accordingly, disposed of. (SHAMPA SARKAR, J.) SP/