Aditya Kumar Chatterjee Vs Ravi Ranjan Developers Private Limited (Calcutta High Court)
Summary: The present application was filed under Section 11(6)(a) of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator for resolution of disputes between the parties arising from a development agreement. During the hearing, learned counsel appearing for both parties did not dispute the existence of a valid arbitration clause in the development agreement. The application was therefore considered in the context of the parties’ agreement to resolve their disputes through arbitration.
During the proceedings, learned counsel representing both parties mutually agreed to the appointment of Justice Ranjit Kumar Bag (Retd.) as arbitrator to resolve the disputes sought to be raised by them. Taking note of this consensus, the Court appointed Justice Ranjit Kumar Bag (Retd.) as arbitrator for settlement of the disputes between the parties. The appointment was made on the basis of the agreement expressed by both sides during the hearing.
Accordingly, the Court disposed of the application under Section 11(6)(a) of the Arbitration and Conciliation Act, 1996, following the appointment of the agreed arbitrator. The Registrar General of the Court was directed to forward a copy of the order to Justice Ranjit Kumar Bag (Retd.). The order was confined to the appointment of the arbitrator and did not determine the merits of the underlying disputes arising from the development agreement.
Related Reading: Kolkata Arbitration Venue Does Not Confer Jurisdiction on Calcutta High Court: Supreme Court.
FULL TEXT OF THE ORIGINAL JUDGMENT/ORDER
1. The present application has been filed under Section 11(6)(a) of the Arbitration and Conciliation Act, 1996 for appointment of the arbitrator for settlement of the disputes between the parties.
2. At the time of hearing it was not disputed by the learned Counsel appearing for the parties that there is a valid arbitration clause in the development agreement.
3. Learned Counsel for both the parties have agreed to appoint Justice Ranjit Kumar Bag (Retd.), resident of Flat No. 4/2, Anandalok Co-operative Housing Society, BB-50, Action Area-1B, New Town, Kolkata — 700 156 (Mobile No. 8335073594, 9433898375) to resolve the disputes sought to be raised by both the parties. Accordingly, Justice Ranjit Kumar Bag (Retd.) is appointed as arbitrator to settle the disputes between the parties.
4. The present application is accordingly disposed of.
5. A copy of this order be sent to Justice Ranjit Kumar Bag (Retd.) by the Registrar General of this Court.
