Mangal Electrical Industries Private Limited Presently Known As Mangal Electrical Industries Limite v. Andrew Yule And Company Limited

OCD 8 ORDER SHEET AP-COM/647/2025

IN THE HIGH COURT AT CALCUTTA

COMMERCIAL DIVISION ORIGINAL SIDE MANGAL ELECTRICAL INDUSTRIES PRIVATE LIMITED PRESENTLY KNOWN AS MANGAL ELECTRICAL INDUSTRIES LIMITE VS ANDREW YULE AND COMPANY LIMITED

BEFORE:

The Hon'ble JUSTICE SHAMPA SARKAR Date: 25th August, 2025.

Appearance:

Mr. Ratul Das, Adv.

Mr. Sumit Biswas, Adv.

Ms. Rajshree Biswas, Adv.

. . .for the petitioner.

Ms. Neelina Chatterjee, Adv.

Mr. Niladri Saha, Adv.

. . .for the respondent.

The Court:

1. This is an application for appointment of a substitute Arbitrator as the learned erstwhile Arbitrator has since been elevated.

2. This Court is of the view that as the erstwhile learned Arbitrator cannot perform the duties on account of his Lordship's elevation, the application should be allowed.

3. Learned advocate for the respondent does not raise any objection.

4. Under such circumstances, this Court appoints Mr. Sankarsan Sarkar, [Mob. No. 9830060937] learned advocate, as a substitute Arbitrator, to arbitrate upon the disputes between the parties.

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. Needless to mention that, the learned Arbitrator shall make attempt to dispose of the proceeding within a year from date. The parties are at liberty to take back the documents from the erstwhile learned Arbitrator, so that the same may be filed before the learned substitute arbitrator. The learned substitute Arbitrator shall decide the stage from which the proceeding shall continue henceforth.

8. AP-COM 647 of 2025 is, accordingly, disposed of. (SHAMPA SARKAR, J.) SP/