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Calcutta High CourtAP/731/2019disposed

Sarada Construction v. Bhupendra Pramanik

2022-08-18Hon'Ble Justice Shekhar B. Saraf2 pages

OD-9 AP/731/2019

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE SARADA CONSTRUCTION

Versus

BHUPENDRA PRAMANIK & ORS.

BEFORE:

The Hon'ble JUSTICE SHEKHAR B. SARAF Date: 18th August, 2022.

Appearance:

Mr. Ashim Kumar Roy, Adv.

Mr. Sutanu Chakrabarti, Adv.

Ms. Ankita Dey, Adv.

...for the petitioner Mr. Bhaskar Prosad Banerjee, Adv.

Mr. Parashar Baidya, Adv.

...for the respondent no.1.

The Court: This is an application under Section 11 of the Arbitration and Conciliation Act, 1996. Pursuant to orders of this Court the original agreement has been impounded and, thereafter, registration fees and stamp duties have been paid by the petitioner. Both parties have agreed that the matter can be sent to arbitration.

In the light of the above, Mr. Koushik Chowdhury, Advocate, Bar Library Club (Mob No.9830262599), 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.

The petitioner shall be at liberty to take back the original impounded document after replacing the same with a photocopy of the same with the department.

It is to be noted that the present owners of the property have also been added in this application and are, therefore, considered as parties to the dispute. Let affidavit of service filed in Court today be kept on record. AP/731/2019 is, accordingly, disposed of.

(SHEKHAR B. SARAF, J.) s.pal