Bengal Shelter Housing Development Limited v. The Kolkata Municipal Corporation And ORS

OCD 6 ORDER SHEET AP-COM/1045/2024

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL DIVISION BENGAL SHELTER HOUSING DEVELOPMENT LIMITED VS THE KOLKATA MUNICIPAL CORPORATION AND ORS.

BEFORE:

The Hon'ble JUSTICE SHAMPA SARKAR Date: 20th January, 2025.

Appearance:

Mr. Reetobrata Mitra, Sr. Adv.

Ms. Jayati Chowdhury, Adv.

Ms. Rashmi Singhee, Adv.

Ms. Mandobi Chowdhury, Adv.

Ms. Priya Malakar, Adv.

...for the petitioner Mr. Jaydip Kar, Sr. Adv.

Mr. Altamash Alin, Adv.

...for the KMC The Court: The matter has been mentioned upon notice to the respondent's learned Advocate. It is submitted that the learned Arbitrator appointed by this Court expressed his inability to undertake the duty of an Arbitrator, on health grounds. The letter dated January 14, 2025 addressed to the learned advocate for the petitioner by the learned Arbitrator, is taken on record.

Prayer is made for substitution of the learned Arbitrator. The respondent does not object. For ends of justice the prayer is allowed. The same is innocuous. This Court appoints Hon'ble Justice Bhaskar Bhattacharya, former Chief Justice of Gujarat High Court as the Sole Arbitrator to arbitrate the disputes between the parties in place of Mr. Jayanta Kumar Mitra, learned Senior Advocate. The terms of appointment as recorded in the order dated December 19, 2024 shall be applicable. The other portions of the order dated December 19, 2024 remain unaltered.

The petitioner prays that the interim order of status quo be extended for a further period. Under such circumstances, this Court deems it fit to list APCOM/608/2024 on 21st January, 2025 for necessary order. (SHAMPA SARKAR, J.) B.Pal