Calcutta High CourtAP/14/2024disposed

Shri. Mrinal Dutta v. Shri. Tarun Kumar Dutta

2025-02-20Hon'Ble Justice Arijit Banerjee2 pages

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** AP/14/2024 (IA NO: CAN/1/2025) Shri Mrinal Dutta Vs.

Shri Tarun Kumar Dutta Mr. N. A. Khan .... for the petitioner Mr. Sudarsan Biswas ... for the respondent February 06, 2026 [SR] Item No.30 By an order dated February 20, 2025 passed in AP/14/2024, a learned Judge of this Court had appointed a senior advocate being a member of Bar Library Club, First Floor, High Court Calcutta as the sole arbitrator. Learned advocate for the petitioner says that given the amount of claim, it will not be economically viable to have a senior advocate from the Calcutta High Court, Principal Bench as an arbitrator. Learned advocate for opposite party agrees. I have also considered the facts and circumstances of the case. This is not a case where a senior advocate from the Principal Bench of the Calcutta High Court should be troubled. The venue of arbitration is likely to be in the islands. Therefore, the cost of arbitration will also go up many times if the arbitrator has to come to the islands to hold the arbitration proceedings.

I agree with the learned advocates for the parties that a learned advocate from the local bar should be appointed as an arbitrator in the place and stead of the present arbitrator.

Accordingly, as agreed upon by and between the parties, Mr. Gopala Binnu Kumar, learned advocate, is appointed as arbitrator in the place and stead of Mr. Pradip Kumar Dutta, senior advocate. The appointment of Mr. Gopala Binnu Kumar will take effect from today.

The learned arbitrator is requested to commence the reference forthwith and conclude the same, in accordance with law, as expeditiously as possible in terms of the statutory prescription.

The learned arbitrator shall decide the remuneration for holding references as per statutory prescription mentioned under the 1996 Act.

CAN/1/2025 is disposed of, accordingly.

Parties to act on the server copy of this order downloaded from the official website of this Court.

( Arijit Banerjee, J. )