State Of Nagaland v. Civil Engineers Enterprises Private Limited

ODC-2 IA NO. GA/4/2022 In CS/242/2021

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE [COMMERCIAL DIVISION] STATE OF NAGALAND Vs CIVIL ENGINEERS ENTERPRISES PRIVATE LIMITED

BEFORE:

The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 6th May, 2022.

Appearance:

Mr. K. N. Balgopal, Advocate General, state of Nagaland. Ms. Nitya Nambiar, Adv.

Mr. Vitso Rio, Adv.

Ms. Aparajita Ghosh, Adv.

Ms. Aditi Roy, Adv.

Mr. Hirak Kr. Mitra, Sr. Adv.

Mr. Rudraman Bhattacharyya, Adv.

Mr. S. Chatterjee, Adv.

Ms. Suchismita Chatterjee, Adv.

Mr. Malay Kr. Seal, Adv.

The Court : By consent of the parties, CS 26 of 2018 is treated on the day's list.

Both CS 242 of 2021 and CS 26 of 2018 raise common questions of law and fact and are between the same parties.

By consent of the parties the disputes in both these suits are referred to arbitration. Mr. Utpal Bose (Senior Advocate) is appointed as Sole Arbitrator to adjudicate all the disputes between the parties pertaining to the above suits.

The Arbitrator would be free to fix his remuneration in accordance with law, which shall be borne by the parties in equal share. By consent of the parties, it is agreed that the venue of the arbitration proceeding shall be Kolkata. The parties also agree to share all costs and expenses of the arbitration in equal share.

Liberty is also granted to the parties to approach the Arbitral Tribunal for appropriate interim reliefs.

With the aforesaid directions, CS 242 of 2021 and CS 26 of 2018 stand disposed of.

(RAVI KRISHAN KAPUR, J.) SK.