Prospect Pharmaceuticals Private Limited v. L And T Finance Limited

OCD-6 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

COMMERCIAL DIVISION ORIGINAL SIDE AP-COM/788/2025 PROSPECT PHARMACEUTICALS PRIVATE LIMITED VS L AND T FINANCE LIMITED

BEFORE:

The Hon'ble JUSTICE GAURANG KANTH Date : 30th January, 2026.

Appearance Mr. Diptomoy Talukder, Adv.

Mr. S. Chattopadhyay, Adv.

Mr. D. Ghosh, Adv.

...for the petitioner Mr. Swatarup Banerjee, Adv.

Ms. Shrayashee Das, Adv.

Mr. Tridibesh Dasgupta, Adv.

Ms. Anukriti Agarwal, Adv.

...for the respondent The Court: The petitioner has preferred the present application under Section 14(2) of the Arbitration and Conciliation Act, 1996 challenging the unilateral appointment of the Arbitrator through the online dispute resolution portal.

Learned counsel for the petitioner states that such appointment is in violation of the agreement entered into between the parties, in as much as the agreement itself records that the Arbitrator is to be appointed with the joint consent of the parties. He states that such procedure has not been followed.

At this stage, learned counsel for the respondent states that an Arbitrator can be appointed by this Court with the consent of both the parities.

Both parties have agreed to and consented to the appointment of Ms. Cardina Roy, learned Advocate (Mob- 8017921941), as the Arbitrator to adjudicate the disputes between them.

It is clarified that this Court has not gone into the merits of the matter.

Since the parties have consented to the appointment of the Arbitrator, the Arbitrator shall be at liberty to fix his remuneration in terms of Schedule IV of the Arbitration and Conciliation Act, 1996. With the aforesaid directions, the present petition stands disposed of. (GAURANG KANTH, J.) S. Mandi