Mala Roy And Others v. M/S. Jai Balaji Industries Limited

OD-6

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE AP/149/2024 MALA ROY AND OTHERS VS M/S. JAI BALAJI INDUSTRIES LIMITED

BEFORE:

The Hon'ble JUSTICE SABYASACHI BHATTACHARYYA Date : 27th August, 2024 Appearance:

Mr. Meghajit Mukherjee, Adv.

Ms. Srijeeta Gupta, Adv.

...for the petitioner.

The Court:- Despite service, none appears for the respondent. Affidavit of service filed in Court today be kept on record. Learned counsel for the petitioner rightly points out that by virtue of an order dated July 2, 2024, an Arbitrator had been appointed who subsequently recused in writing in view of conflict of interest. Accordingly, a new learned Arbitrator is required to be appointed to resolve the disputes between the parties.

Since the arbitrability of the matter has already been decided previously, such question need not be reopened at this juncture. AP/149/2024 is, accordingly, allowed, thereby appointing Ms. Deblina Lahiri (Mob.9831155553), a member of the Bar Association, as the sole Arbitrator to resolve the disputes between the parties, subject to a declaration under Section 12 of the Arbitration & Conciliation Act, 1996 being obtained from the said learned Arbitrator. The learned Arbitrator shall fix her own

remuneration within the ambit of the 1996 Act and the Fourth Schedule thereof in consultation with the parties.

(SABYASACHI BHATTACHARYYA, J.) s.pal