R.Thulasidasan v. J.Joice

IN THE HIGH COURT AT CALCUTTA

[CIRCUIT BENCH AT PORT BLAIR] ...

AP/1/2023 R. Thulasidasan Vs.

J. Joice Mr. Mohammed Tabraiz ... for the petitioner Mrs. Dolly Sarkar ... for the respondents [ on behalf of Mr. Arul Prasanth ] April 27, 2023 (SR) Item No.20 This is an application under section 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of arbitrator.

Learned advocate for the petitioner submits that the agreement between the parties dated 27.01.2021 contains an arbitration clause and the disputes between the parties is covered under the said clause.

On perusal of the aforesaid agreement, it appears that it contains the following arbitration clause:- "24. Resolution of Disputes All disputes between the partners or between the Partner and Dr. THULASI'S DIAGONATICS & HEALTHCARE LLP arising out of the limited liability partnership agreement which cannot be resolved in terms of this agreement shall be referred for arbitration as per the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996)." It appears from the record that precondition for invocation of section 11 of the said Act of 1996 is satisfied. Therefore by the consent of the parties, this Court appoints Mr. Gopala Binnu Kumar, learned advocate of this Court as the Sole Arbitrator to resolve the dispute between the parties.

The learned arbitrator, at first setting shall fix the remuneration as per IVth Schedule appended to the said Act of 1996.

The remuneration of the Arbitrator, other costs, charges and expenses of the proceeding shall be shared by the parties equally.

The arbitration petition, being AP/1/2023, is thus disposed of without any order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent certified copy of this order, if applied for, be supplied to the learned advocates for the respective parties upon compliance of usual formalities.

( Biswajit Basu, J.)