M/S Ayush Joti Builders Private Ltd. v. Shapoorji Pallonji And Company Private Ltd.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** AP/3/2025 M/s. Ayush Joti Builders Private Ltd.

Vs.

Shapoorji Pallonji and Company Private Ltd.

Mr. Arul Prasanth ... for the petitioner December 01, 2025 [SR] Item No1.

The affidavit of service filed by the petitioner reveals that the writ petition had been duly served upon the respondent which has been acknowledged by it on 29.07.2025. Subsequently, in compliance of the order dated 18th November, 2025 passed by this Court, the petitioner has sent an email to the respondent intimating that matter is fixed on 25th November, 2025. On 25.11.2025, despite service, the respondent did not appear before this Court. However, for the ends of justice, the matter again fixed on 28.11.2025 where the respondent did not appear on the date fixed and the matter was adjourned to 1st December, 2025. It appears to this Court that despite repeated services, the respondent did not appear before this Hon'ble Court. Hence, this matter is taken up for hearing.

This is an application filed under section 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of an Arbitrator.

The petitioner was awarded work order for supply and application for Roff Stone guard SB on bottom & Sides and Roff Stoneguard WB on Top of Granite Title for AAI Project, Andaman

for a sum of Rs.34,41,000/- ( Rupees thirty four lakhs forty one thousand only).

Disputes and differences have arisen in not making payment for the work undertaken by the petitioner in terms of the contract.

There is an arbitration agreement at Clause 16.0 of the Work Order dated 04.08.2020.

In those circumstances, this Court appoints Mr. Gopala Binnu Kumar, learned advocate as an Arbitrator to enter into upon a reference and to pronounce award in terms of the Arbitration and Conciliation Act, 1996.

The party shall communicate this order to the appointed Arbitrator.

The application is disposed of . No order as to costs. Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all formalities. ( Lanusungkum Jamir, J. )