Dee Aar Home Solutions Private Limited v. Sri Partha Ghosh

OCD 20 ORDER SHEET AP-COM/701/2025

IN THE HIGH COURT AT CALCUTTA

COMMERCIAL DIVISION ORIGINAL SIDE DEE AAR HOME SOLUTIONS PRIVATE LIMITED VS SRI PARTHA GHOSH

BEFORE:

The Hon'ble JUSTICE SHAMPA SARKAR Date: 24th September, 2025.

Appearance:

Mr. Dipan Das, Adv.

. . .for the petitioner.

Mr. Biswaroop Ghosh, Adv.

. . .for the respondent.

The Court:

1. This is an application under Section 11 of the Arbitration and Conciliation Act, 1996.

2. The petitioner submits that the development agreement executed on December 29, 2021 contains an arbitration Clause. It is submitted that part of the building was always used for commercial purpose and as such the dispute would be commercial in nature.

3. The agreement contains an arbitration clause. It provides that in case of dispute and differences between the parties, the same shall be solved by an Arbitrator according to the Arbitration and Conciliation Act, 1996. Both the parties submit that there is an

existing dispute between the parties with regard to the development agreement.

4. Under such circumstances, the application is disposed of by appointing Mr. Amitabha Ghosh, learned senior Advocate [Mobile No. 9830292893, 9477554973] as the Arbitrator, to arbitrate upon the disputes between the parties. This appointment is subject to compliance of Section 12 of the Arbitration and Conciliation Act, 1996. The learned Arbitrator shall fix his own remuneration as per the Schedule of the Act.

5. The application is, accordingly, disposed of. (SHAMPA SARKAR, J.) SP/