M/S Andaman Paints Pvt. Ptd. And ANR v. The Lt.Governor And ORS

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** AP/12/2024 M/s Andaman Paints Pvt. Ltd and Another Vs.

The Lt. Governor and Others Mr. Mohammed Tabraiz .... for the petitioner Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi ... for the respondents November 13, 2024 [SR] Item No. 23 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 the three agreements for lease for executed between the petitioners and the respondent dated 16.11.1995, 27.01.1997, 10.09.2001 3.

The respondents invoked the provisions of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 and obtained order of eviction against the petitioners. The order was affirmed by the District Judge in an appeal.

4.

The revisional application being CO/15/2024 was moved before this Court which was dismissed on 11.06.2024 with a direction permitting the petitioners to invoke clause (9) of the lease agreement which contained the arbitration clause. 5.

Dispute between the parties revolve around the valuation of buildings and structures erected on the lease hold land under the aforesaid three agreements.

6.

The counsel for the respondents submits that the petitioners are required to surrender the premises in terms of the order of the Estate Officer and the District Judge that were not interfered with by the Coordinate Bench in its order dated 11.06.2024 (supra).

7.

He submits that the petitioner should be first compelled to surrender the possession of the land before entertaining their application under section 11 of the Act, 1996. 8.

This Court is of the view that the claim of the petitioners for compensation and the arbitration clause invoked therefor is wholly independent of the proceedings under the Act of 1971. 9.

In those circumstances, this Court is inclined to appoint Mr. Terence D Cruz, learned advocate of this Court , who is also a engineer by profession, as an Arbitrator to enter upon the reference and pronounce the award on the claims and counterclaims of the parties in terms of the Arbitration and Conciliation Act, 1996.

10.

It is once again made clear that the right to recover possession of the property has already been decided in the statutory proceeding and shall not be the subject matter of arbitration.

11.

The parties shall communicate this order to the appointed Arbitrator.

12.

The application is disposed of . No order as to costs. 13.

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