M/S Heaven On Ocean Tourism Pvt. Ltd. And ANR v. Andaman And Nicobar Islands Integrated Development Corporation

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** AP/11/2024 M/s Heaven On Ocean Tourism Pvt. Ltd and Another Vs.

Andaman and Nicobar Islands Integrated Development Corporation Mr. Md.Tabraiz ... for the petitioner Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi ... for the respondents November 13, 2024 [SR] Item Nos.22 1.

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

2.

The subject matter is an agreement executed between the petitioner and the respondent dated 01.07.2019. 3.

The prayer for waiver of rent during the Covid period has been turned down and arbitration has ensued under learned Senior Advocate of the High Court namely Mr. Ajay Krishna Chatterjee.

4.

The present claim that has been made for appointment of arbitrator afresh is for the period outside the scope of pending arbitration.

5.

Mr. Shatadru Chakraborty, learned counsel for the respondent submits that the contract period is itself come to an end.

6.

The petitioner has sought extension of the contract which has been denied by the respondent.

7.

In that view of the matter, this Court is inclined to refer the present dispute also to the same arbitrator Mr. Ajay Krishna Chatterjee, learned Senior Advocate of the Calcutta High Court for appropriate adjudication and pronouncement of the Award in terms of the Arbitration and Conciliation Act, 1996. 8.

Discretion is left to the Arbitrator to take up the existing claim as part and parcel of the pending arbitration in terms of the Act, 1996.

9.

Let an appropriate award be pronounced by the said arbitrator in terms of the Act of 1996.

10.

The parties shall communicate this order to the appointed Arbitrator.

11.

The application is disposed of . No order as to costs. 12.

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