M/S. Premco Rail Engineers Limited v. Steel Authority Of India Limited

ORDER

OD-20 AP/639/2022

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION M/S. PREMCO RAIL ENGINEERS LIMITED

VERSUS

STEEL AUTHORITY OF INDIA LIMITED

BEFORE:

THE HON'BLE CHIEF JUSTICE PRAKASH SHRIVASTAVA DATE : 23RD SEPTEMBER, 2022 APPEARANCE:

Mr. Pranit Bag, Advocate Mr. Anuj Kumar Mishra, Advocate Mr. Balaram Patra, Advocate ......for the petitioner Mr. Arijit Basu, Advocate Mr. Sarathi Dasgupta, Advocate ...for the respondent The Court:- This application under Section 11 of the Arbitration and Conciliation Act, 1996 has been filed for appointment of arbitrator to resolve the dispute between the parties.

Learned counsel for the respondent does not dispute that the arbitration agreement dated 30th August 2008 was executed between the parties and that the dispute has arisen and the arbitration clause has been invoked. Counsel for the parties have pointed out that since there was no consensus about the name of the arbitrator, therefore, this AP has been filed. At this stage, counsel for both the parties have jointly suggested the name of Justice Jyotirmay Bhattacharya, Retired Chief Justice of this Court, as arbitrator.

Hence, AP is allowed.

Justice Jyotirmay Bhattacharya, Retired Chief Justice of this Court, is appointed as Arbitrator to resolve the dispute between the parties, 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. Let this order be conveyed to the Arbitrator by the Registrar, Original Side, forthwith.

(PRAKASH SHRIVASTAVA, C.J.) akg/skumar