Sovan Chatterjee vs D.R.S.S. Enterprise3 And Ors
2022 Latest Caselaw 1507 Cal/2

ODC 7
                             ORDER SHEET
                             AP/119/2022
                      THE HIGH COURT AT CALCUTTA
                  ORDINARY ORIGINAL CIVIL JURISDICTION
                         COMMERCIAL DIVISION


                              SOVAN CHATTERJEE
                                      VS
                        D.R.S.S. ENTERPRISE3 AND ORS.


 BEFORE:
 The Hon'ble JUSTICE SHEKHAR B. SARAF
 Date : 27th April, 2022.



                                                                     Appearance:
                                                 Mr. Satadeep Bhattacharyya, Adv.
                                                            Mr. Bikash Shau, Adv.

                                                        Ms. Koel Mukherjee,   Adv.
                                                       Mr. Rahul Karmakar,    Adv.
                                                         Mr. Anurag Sardar,   Adv.
                                                       Mr. Muhfuz Murshed,    Adv.
                                                       Mr. Sayan Mukherjee,   Adv.


        The Court: On 6th April, 2022 an opportunity was granted to the

 respondents to file their affidavit in opposition.      Till date no affidavit in

opposition has been filed in Court. Counsel on behalf of the respondent seeks

further time to file affidavit in opposition.

The grounds raised by the respondent is that the arbitration is barred

by limitation and the subject matter is not arbitrable. Upon going through the

documents, I am of the view that these issues can be decided by the Arbitrator,

as has been decided by various Supreme Court judgments.

In view of the above, Ms. Manju Bhuteria, Advocate, is appointed as

arbitrator. The appointment is subject to submission of declaration by the

Arbitrator in terms of Section 12(1) in the form prescribed in the Sixth

Schedule of the Act before the Registrar, Original Side of this Court within four

weeks from today.

Let this order be conveyed to the Arbitrator by the Registrar, Original

Side forthwith.

AP No.119 of 2022 is accordingly disposed of.

(SHEKHAR B. SARAF, J.)

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