Tusar Kanti Dey And ORS. v. Kolkata Metropolitan Development Authority

ocd-45 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

COMMERCIAL DIVISION ORIGINAL SIDE IA NO. GA-COM/1/2026 AP-COM/864/2025 TUSAR KANTI DEY AND ORS.

Vs KOLKATA METROPOLITAN DEVELOPMENT AUTHORITY

BEFORE:

The Hon'ble JUSTICE SHAMPA SARKAR Date: 20th January, 2026.

Appearance:

Mr. S. Datta, Adv.

Mr. Abhik Chitta Kundu, Adv. ..for petitioners. Mr. Sirsanya Bandopadhyay, Adv.

Mr. Avishek Guha, Adv.

Ms. Sonal Agarwal, Adv.

Mr. S. Das, Adv. ...for respondent.

The Court: This application has been filed for substitution of the learned Arbitrator, who was appointed by order of this court in APCOM/864/2025. The learned Arbitrator declared that he was unable to take up the arbitration as he was already appearing in a matter against the Kolkata Metropolitan Development Authority.

Under such circumstances, IA NO.GA-COM/1/2026 is allowed by substituting the erstwhile learned Arbitrator, who was appointed by this court.

Accordingly, Mr. Saptansu Basu, learned senior Advocate is appointed as the learned Arbitrator, in substitution of the erstwhile Arbitrator. The learned Arbitrator shall fix his remuneration in terms of the Schedule of the Act.

This order is passed subject to compliance of Section 12 of the Arbitration and Conciliation Act, 1996.

All issues and objections raised by the respondents, shall be decided by the learned Arbitrator.

AP-COM 864 of 2025 is accordingly disposed of. (SHAMPA SARKAR, J.) pkd.