Balkrishna Sales Corporation And ORS v. Tata Capital Financial Services Ltd.

ODC 8 ORDER SHEET AP/225/2022

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL DIVISION BALKRISHNA SALES CORPORATION AND ORS VS TATA CAPITAL FINANCIAL SERVICES LTD.

BEFORE:

The Hon'ble JUSTICE SHEKHAR B. SARAF Date: 4th July, 2022.

Appearance:

Mr. Swatarup Banerjee, Adv.

Mr. Swarvanu Saha, Adv.

Mr. Avishek Guha, Adv.

Ms. Akansha Chopra, Adv.

The Court: This is an application under Section 9 of the Arbitration and Conciliation Act, 1996.

Counsel appearing on behalf of the respondent has submitted that Notice under Section 21 of the Act has been issued and the matter should be relegated to arbitration. This suggestion made by the counsel appearing on behalf of the respondent is acceptable by the petitioner.

Since both parties have consented to appointment of an Arbitrator, this Court on consent of the parties directs appointment of the sole Arbitrator to resolve the disputes between the parties.

In view of the above, with consent of both parties, Mr. Reetobroto Mitra, Advocate, is appointed as Arbitrator. The appointment is subject to submission of declaration by the Arbitrator in terms of Section 12(1) in the form prescribed in the Sixth Schedule of the Act before the Registrar, Original Side of this Court within four weeks from today.

Let this order be conveyed to the Arbitrator by the Registrar, Original Side forthwith.

AP/225/2022 is, accordingly, disposed of.

(SHEKHAR B. SARAF, J.) sp/