Jk Engineering v. The Lieutenant Governor And ANR.

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT PORT BLAIR ...

AP/12/2021 JK Engineering ... Petitioner Vs.

The Lieutenant Governor and another ... Respondents Mr. Mohd. Tabraiz, Advocate ... for the petitioner Mr. Ramendu Agarwal, Advocate ... for the respondents December 7, 2021 [GNC] Item No.45 The petitioner seeks appointment of Arbitrator. Learned advocate appearing for the petitioner submits that the Agreement between the parties dated January 28, 2015 contains an arbitration clause. The disputes and differences arose between the parties in terms of the arbitration Agreement contained in that contract. The petitioner refers such disputes in terms of the Agreement by letter dated September 27, 2021. The petitioner called upon the respondent to appoint an Arbitrator to adjudicate the disputes and differences. The respondents did not do so within the stipulated period of 30 days.

The respondents are represented.

The parties entered into a Memorandum of Understanding dated January 28, 2015. The Memorandum of Understanding contains an arbitration clause which is as follows:- "19. In the event of any dispute, difference or question arising on account of breach or non observance of any of the terms and conditions or stipulating herein contained or otherwise relating the construction, meaning or effect of contractual terms and conditions of the agreement, the parties shall in the first instance attempt to resolve the issue mutually. In case of failure, the same shall be referred to the sole Arbitrator to be appointed by the Hon'ble Lt. Governor (Administrator), A & N Islands in this regard for arbitration in accordance with the

provision of the Arbitration and Conciliation Act, 1996. The decision of the Sole arbitrator shall be finalized and binding on the parties subject to legal remedies available under the law within the jurisdiction of competent court at Port Blair." The petitioner by letter dated September 27, 2021 invoked the arbitration clause contained in the Memorandum of Understanding dated January 28, 2015 and called upon the respondents to appoint an Arbitrator. The respondents received such notice on September 27, 2021 itself. The respondents are yet to appoint any Arbitrator.

In such circumstances, Mr.N.A.Khan, learned advocate is appointed as an Arbitrator to adjudicate the disputes and differences between the parties in terms of the Memorandum of Understanding dated January 28, 2015 on a consolidated remuneration of Rs.50,000/- ( Rupees fifty thousand only) to be paid by the parties in equal shares. AP/12/2021 is disposed of accordingly.

(Debangsu Basak, J.)