Rajesh Saha And ANR. v. Satya Ranjan Das

OD 15 ORDER SHEET AP/860/2022

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE RAJESH SAHA AND ANR.

VS SATYA RANJAN DAS

BEFORE:

The Hon'ble JUSTICE SHEKHAR B. SARAF Date: 27th March, 2023.

Appearance:

Mr. Souradip Banerjee, Adv.

Mr. Ashis Kumar Chowdhury, Adv.

Mr. Rajib Ghosh, Adv.

...for the petitioner The Court: In spite of service on several occasions, none has appeared on behalf of the respondent.

This is an application under Section 14 of the Arbitration and Conciliation Act, 1996 wherein the petitioner prays for termination of the mandate of the Arbitrator and substitution of the same by a new Arbitrator. In the present case, it is clear that a unilateral appointment has been made by the respondent and accordingly, such appointment is de jure void. In light of the same, the mandate of the Arbitrator is terminated and accordingly, Mr. Sarosij Dasgupta, Advocate (Mobile No.9748919357), Bar Library Club, is appointed as sole arbitrator to resolve the dispute between the parties.

The appointment is 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.

AP No. 860 of 2022 is, accordingly, disposed of. (SHEKHAR B. SARAF, J.) B.Pal