Asaduzzaman Sk v. Kotak Mahindra Bank Limited

OD-11 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE AP/798/2022 ASADUZZAMAN SK.

VS KOTAK MAHINDRA BANK LIMITED

BEFORE:

The Hon'ble JUSTICE SHAMPA SARKAR Date : 27th January, 2025 Mr. Bhaskar Nandi, Adv.

..for the petitioner.

Ms. Koushiki Bandyopadhyay, Adv.

...for the respondent.

The Court : Liberty is granted to correct the description of the application. This is an application for appointment of a learned Arbitrator, upon termination of the mandate of the erstwhile learned Arbitrator. The learned erstwhile Arbitrator cannot continue the proceedings in view of His Lordship's elevation.

The pleading in paragraph 21 satisfies the Court with regard to the delay in filing this application. The pandemic situation and the lockdown etc., caused an impediment for the petitioner to approach this Court earlier. The petitioner approached this Court in September, 2022, and His Lordship was elevated in 2018.

Under such circumstances, this Court appoints Mr.

Debrup Bhattcharjee, learned Advocate (Mobile No. 8013113300) to act as an Arbitrator in place and stead of the erstwhile learned Arbitrator.

The petitioner will be at liberty to approach His Lordship (erstwhile learned Arbitrator) for return of the papers. The Arbitration shall continue from the stage it was last held before the erstwhile learned Arbitrator. The learned arbitrator shall comply with the provisions of Section 12 of the Arbitration and Conciliation Act, 1996. The learned Arbitrator shall be at liberty to fix his remuneration as per the schedule of the said Act. (SHAMPA SARKAR, J.) S.Das/SN.