M/S Elecon Engineering Company Ltd v. Steel Authority Of India Ltd

OD 93 ORDER SHEET AP/883/2019

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE M/S. ELECON ENGINEERING COMPANY LTD.

VERSUS

STEEL AUTHORITY OF INDIA LTD.

BEFORE:

The Hon'ble JUSTICE DEBANGSU BASAK Date: 6th April, 2021.

(Via Video Conference) Appearance:

Mr. Pranit Bag, Adv.

Mr. Chayan Gupta, Adv.

Mr. Dwip Raj Basu, Adv.

Mr. Supriya Dubey, Adv.

The Court: It is submitted on behalf of the parties that subsequent to the filing of the application under Section 11(6) of the Arbitration and Conciliation Act, 1996, the parties agreed to arbitration and agreed to the Arbitrator also by exchange of letters. The parties by exchange of letters agreed that Mr. Justice Tapan Kumar Dutt (Retired) will act as the sole Arbitrator. In view of such agreement the learned Arbitrator will enter into reference in terms of the arbitration clause. The parties by exchange of letters waived the jurisdiction clause under the contract. The learned Arbitrator is at liberty to fix his remuneration which will be shared by the parties equally.

The parties will bear the cost and expenses of the arbitration in equal shares. The parties are at liberty to communicate this order to the learned Arbitrator. In view of such waiver, this Court has jurisdiction. AP/883/2019 is disposed of accordingly.

(DEBANGSU BASAK, J.) B.Pal