M/S Raasi Refractories Limited v. M/S Steel Authority Of India Limited

ORDER

OD-12 AP/311/2022

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION M/S. RAASI REFRACTORIES LIMITED

VERSUS

M/S. STEEL AUTHORITY OF INDIA LIMITED

BEFORE:

THE HON'BLE CHIEF JUSTICE PRAKASH SHRIVASTAVA DATE : 17th June, 2022 APPEARANCE:

Mr. Aniruddha Bhattacharya, Advocate ......for the petitioner.

Mr. Chayan Gupta, Advocate Mr. Sayantan Chatterjee, Advocate Mr. Dwip Raj Basu, Advocate ......for respondent.

The Court:- In the present case, the arbitration agreement is not in dispute and it is also not in dispute that an independent arbitrator is required to be appointed under Section 11 of the Arbitration and Conciliation Act, 1996 to resolve the dispute between the parties.

Learned counsel for both the parties have suggested the name of Justice Jyotirmay Bhattacharya, retired Chief Justice of this Court, for appointment as arbitrator.

Accordingly, considering the circumstances of the case, AP is allowed. Justice Jyotirmay Bhattacharya, retired Chief Justice of this Court, is appointed as sole arbitrator to resolve the dispute between the parties. 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 within four weeks. Registrar, Original Side to communicate this order to the Learned Arbitrator. AP is, accordingly, disposed of.

(PRAKASH SHRIVASTAVA, C.J.) sm/s.kumar