Debasis Bose v. Suman Chakraborty

ORDER

OD-3 AP/319/2022

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION DEBASIS BOSE

VERSUS

SUMAN CHAKRABORTY

BEFORE:

THE HON'BLE CHIEF JUSTICE PRAKASH SHRIVASTAVA DATE : 8TH JULY, 2022 APPEARANCE:

Mr. Sakya Sen, Advocate Mr. Supratim Laha, Advocate Mr. Joydeep Roy, Advocate Ms. Dona Ghosh, Advocate ....for the applicant Mr. Rupak Ghosh, Advocate Mr. Debangshu Dinda, Advocate Mr. Rirthankar Das, Advocate .....for the respondent The Court:- This application has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of the arbitrator. It is not in dispute that the arbitration agreement exists between the parties and applicant had given notice under Section 21 of the Act for appointment of the arbitrator but for want of consensus about the name of the arbitrator, the matter did not settle.

A prayer has also been made for appointment of the same arbitrator as appointed in AP/317/2022 as the disputes are between the same parties. Accordingly, AP is allowed. Mr. Subir Sanyal, Senior Advocate (Mob.No.6291192601) is appointed as 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 of this Court within four weeks from today.

Let this order be conveyed to the Arbitrator by the Registrar, Original Side forthwith.

AP is accordingly disposed of.

(PRAKASH SHRIVASTAVA, C.J.) akg/pa