Rashmi Metaliks Limited v. West Bengal Mineral Development And Trading Corporation Limited And ANR.

OD 9 ORDER SHEET AP/775/2022

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE RASHMI METALIKS LIMITED VS WEST BENGAL MINERAL DEVELOPMENT AND TRADING CORPORATION LIMITED AND ANR.

BEFORE:

The Hon'ble JUSTICE SHEKHAR B. SARAF Date: 9th January, 2023.

Appearance:

Mr. Debdut Mukherjee, Adv.

Mr. Meghajit Mukherjee, Adv.

Mr. Gaurab Kr. Das, Adv.

...for the petitioner Mr. Sanjay Saha, adv.

Mr. Subhasish Bhattacharya, Adv.

...for the respondent no.1 Mr. Sirsanya Bandopadhyay, Adv.

Mr. Avik Ghatak, Adv.

...for the respondent no.2 The Court: This is an application for reconstitution of the Arbitral Tribunal as two of the Arbitrators have already withdrawn from the Arbitral Tribunal by express letters written by them. With regard to third Arbitrator, it also appears that he is unwilling to continue with the arbitration proceeding. In light of the same, parties have suggested names before this Court. Two of the names are identical and therefore, by consent Mr. Kishore Datta, Senior

Advocate and Mr. Abhratosh Majumdar, Senior Advocate are appointed as Arbitrators in the matter.

The learned Arbitrators are directed to appoint a presiding Arbitrator and commence proceedings at the earliest.

With the above direction, AP/775/2022 is allowed. (SHEKHAR B. SARAF, J.) B.Pal