Sarvamangala Properties v. Punjab National Bank

ODC 7 ORDER SHEET AP/550/2022

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL DIVISION SARVAMANGALA PROPERTIES VS PUNJAB NATIONAL BANK

BEFORE:

The Hon'ble JUSTICE SHEKHAR B. SARAF Date: 17th November, 2022.

Appearance:

Mr. Joy Saha, Sr. Adv.

Mr. Anil choudhury, Adv.

Mr. Ranojit Chowdhury, Adv.

The Court: Heard counsel appearing on behalf of the parties. The parties agree to go to arbitration in this matter. They further waive the provisions of Section 21 of the Arbitration Act with regard to invocation of arbitration and have left the choice of Arbitrator to this Court. Since both parties have consented to appointment of an Arbitrator, this Court on consent of the parties directs appointment of the sole Arbitrator to resolve the disputes between the parties.

In light of the fact that both parties have consented to the arbitration and invocation of Section 21, this Court appoints Mr. Sabyasachi Chaudhury, Advocate, Bar Library Club, as an Arbitrator. 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.

The respondents are directed to continue to pay the admitted amount of rent until further orders passed by the Arbitrator. Party shall be at liberty to make appropriate application before the Arbitrator for appropriate orders.

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

In light of the above directions, the Section 9 application bearing no. AP 550 of 2022 is disposed of.

(SHEKHAR B. SARAF, J.) sp/