Arun Kumar Singh v. Indusind Bank Ltd.

ODC 3 ORDER SHEET AP/229/2022

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL DIVISION ARUN KUMAR SINGH VS INDUSIND BANK LTD.

BEFORE:

The Hon'ble JUSTICE SHEKHAR B. SARAF Date: 5th July, 2022.

Appearance:

Mr. Priyankar Saha, Adv.

Mr. Lalratan Mondal, Adv.

Mr. Pratip Mukherjee, Adv.

Mr. Sayak Ranjan Ganguly, Adv.

Ms. Srijani Ghosh, Adv.

The Court: Mr. Pratip Mukherjee, counsel appearing on behalf of the Indusind Bank Ltd. the respondent herein, submits that the vehicle has been sold, and therefore, there is no question of returning of the said vehicle to the petitioner.

Mr. Priyankar Saha, counsel appearing on behalf of the petitioner, submits that only two instalments were pending and the principal amount was Rs.1,77,331.46. He submits that the vehicle was seized and sold without any notice given to his client.

The above submissions of the counsel are noted by this Court and liberty is granted to the counsel appearing on behalf of the petitioner to take steps in

accordance with law for any damages that may have been caused to his client if the sale of the vehicle was not made in accordance with law. 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. Anuj Singh, Advocate, Bar Library Club, [Mobile No. 9830202752], is appointed as the sole 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/229/2022 is, accordingly, disposed of.

(SHEKHAR B. SARAF, J.) sp/