M/S. Associated Industries v. The Lieutenant Governor And ANR

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** AP/4/2024 M/s Associated Industries Vs The Lieutenant Governor and others Mr. Tapan Kumar Das ... for the petitioner Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi ... for the respondents November 5, 2024 [SR] Item No.5 1.

This is an application under section 11 of the Arbitration and Conciliation Act, 1996.

2.

Initially a writ petition, being WPA/99/2022, was filed by the petitioner. In the said writ petition, an order dated 21st April, 2022 passed by a Coordinate Bench directing admitted dues of the petitioner to be released and a reasoned order be passed with regard to the claim of the petitioner as a whole. 3.

By an order dated 23rd June, 2022, the Secretary (CS&CA) has rejected the claim of the petitioner. 4.

The writ petition was unilaterally withdrawn by the petitioner.

5.

Mr. Shatadru Chakraborty, learned counsel appearing for the respondents submits that since after withdrawal of the writ petition, the petitioner is barred from invoking the arbitration clause or raises any claims against the respondents. 6.

The claim of the petitioner arises in relation to the work order for conversion of PDS wheat into fortified wheat flour and

supply of various quantities of labeled packets to the Fair Price Shops at Port Blair Tehsil, Campbell Bay, Swaraj Dweep and Shaheed Dweep for three months.

7.

An agreement was entered into between the parties dated 9th August 2021. The said agreement contains an agreement clause. The petitioner has invoked arbitration clause. 8.

Having regard to the facts and circumstances of this case, this Court is inclined to appoint Justice Subrata Talukdar (Retd) of this Court as an Arbitrator to enter upon the reference and pass an appropriate award in terms of Arbitration and Conciliation Act, 1996. All questions that can be considered by the arbitrator under the law of the land may be considered and decided by him.

9.

With the aforesaid direction, the arbitration petition is disposed of.

10.

Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all formalities. ( Rajasekhar Mantha, J. )