Surya Alloy Industries Limited v. Steel Authority Of India Limited

OCD-22 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

ORIGINAL SIDE COMMERCIAL DIVISION AP-COM/1101/2024 SURYA ALLOY INDUSTRIES LIMITED VS STEEL AUTHORITY OF INDIA LIMITED & ANR.

BEFORE:

The Hon'ble JUSTICE SHAMPA SARKAR Date : 16th January, 2025.

Appearance:

Mr. Farhan Gaffar, Adv.

Mr. Kallol Saha, Adv.

Ms. Shreya Srivastava, Adv.

Mr. Zafar Zilani, Adv.

...for the petitioner.

Mr. Suddhasatva Banerjee, Adv.

Mr. Prantic Garai, Adv.

Mr. Abhishek Sikdar, Adv.

Ms. Sahili Dey, Adv.

. . . for the respondent.

The Court : This is an application for adjudication of disputes arising out of a Notice Inviting Tender dated December 5, 2023 and the purchase orders arising out of the said Notice Inviting Tender. The petitioner was the successful bidder.

The petitioner submits that the purchase orders provide that disputes would be resolved by arbitration in terms of the GeM Standard Terms and Conditions. The notice invoking arbitration has been placed before this Court to substantiate that there are live disputes between the parties.

Mr. Suddhasatva Banerjee, learned Advocate for the respondent does not oppose the existence of the arbitration clause. Both parties agree before this Court that as the claim relates to refund of security deposit amounting to a little over Rs.13 lakhs, the disputes may be referred to a sole Arbitrator. Under such circumstances, the Court appoints Mr. Shounak Mukhopadhyay, learned Advocate of this Court as the Arbitrator, to arbitrate the dispute. This order is subject to compliance of Section 12 of the Arbitration and Conciliation Act, 1996.

The learned Arbitrator shall fix his own remuneration as per the Schedule of the Act.

AP-COM/1101/2024 is, accordingly, disposed of. (SHAMPA SARKAR, J.) pa/sb