Calcutta High CourtAP/1/2025disposed

M/S Rochem Separation Systems (India) v. The Chief Engineer And ANR

2025-07-08Hon'Ble Justice Kausik Chanda2 pages

IN THE HIGH COURT AT CALCUTTA

[CIRCUIT BENCH AT PORT BLAIR] *** AP/1/2025 M/s Rochem Seperation Systems (India) Vs.

The Chief Engineer and another Mrs. Anjili Nag, Sr. Adv Ms. S. Bhawani ... for the petitioner Mr. Shatadru Chakraborty, Sr. Adv (through virtual mode) Mr. Rakesh Kumar, Mr. Dibesh Dwivedi ... for the respondents 08.07.2025 [Manoj] Item No. 9 By filing this arbitration petition, the petitioner has challenged the appointment of the Arbitrator on the ground that he was appointed unilaterally, in violation of the mandate laid down by the Hon'ble Supreme Court in Central Organization for Railway Electrification vs. M/s ECI SPIC SMO MCML (JV), reported at 2024 SCC OnLine SC 3219.

In terms of the order dated March 24, 2025, passed in this application, Mr. Shatadru Chakraborty, learned Senior Advocate appearing for the respondents, has handed over a copy of a letter dated July 01, 2025, issued by the Executive Engineer (Plg.)-I, CE's Office, APWD, Sri Vijaya Puram. The relevant portion of the said letter reads as follows: "Sir, With respect to the above matter and the letter under reference, I am directed to convey the approval of the competent authority to consent for appointment of an Arbitrator by the Hon'ble High Court.

It is requested to inform the learned counsel accordingly.

Matter may be treated as Most Urgent."

In view of the above, and with the consent of the parties, I appoint Justice Pratap Kumar Ray (Mobile No.9830929719), Justice Narayan Chandra Sil (Mobile No.9830547037), both retired Judges of the Calcutta High Court, and Mr. Tathagata Roy (Mobile No.9831019236), retired Chief Engineer, Kolkata Metro Railway, as the Arbitrators to adjudicate the disputes between the parties.

The Arbitrators shall fix their remuneration in accordance with the schedule prescribed under the Arbitration and Conciliation Act, 1996.

The mandate of the Arbitrator who was appointed earlier is hereby terminated.

Accordingly, AP/1/2025 is disposed of ( Kausik Chanda, J. )