M/S Andaman Handicraft Emporium v. The Airport Authority Of India And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR *** AP/8/2023 M/s Andaman Handicraft Emporium Vs.

The Airport Authority of India and others Mr. Tapan Kumar Das ... for the petitioner Ms. A.S.Zinu ... for the respondents November 24, 2023 [SR] Item No.12

1. This is an application for appointment of arbitrator. The petitioner was exasperated in view of failure on the part of the respondent authorities in not responding to the disputes raised by the petitioner in its several communications.

2. It is submitted that the period of 45 days within which the Dispute Resolution Committee is expected to consider the grievance of the petitioner had expired.

3. It is not dispute that the respondent authorities are required to be considered the disputes by referring it to the Dispute Resolution Committee and the respondents have not referred the said dispute to the said DRC. However, having regard to the Clause 30 of the General Terms and Conditions of the Contract, the parties appearing have consented that an order be passed by directing the DRC to resolve the dispute.

4. In view thereof, I direct the Dispute Resolution Committee to make an attempt to resolve the dispute within 45 days from date. The representation filed by the petitioner shall be immediately placed before the DRC and the matter be resolved upon hearing the parties and all attempt should be made by the DRC to resolve the dispute.

5. It is needless to mention that in the event the dispute is not resolved within 45 days by the DRC, the parties shall be at liberty to take appropriate steps in accordance with law.

6. The arbitration petition is disposed of accordingly.

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

( Soumen Sen, J. )