Advance Construction Co vs Union Of India
2022 Latest Caselaw 1511 Cal/2

OD-108
                                  ORDER SHEET

                                      AP/161/2022

                        IN THE HIGH COURT AT CALCUTTA
                         Ordinary Original Civil Jurisdiction
                                  ORIGINAL SIDE

                          ADVANCE CONSTRUCTION CO
                                    VS
                               UNION OF INDIA


  BEFORE:
  The Hon'ble JUSTICE SHEKHAR B. SARAF

Date : 28th April, 2022

Appearance:

Mr. Nilanjan Bhattacharya, Adv.

Mr. S.K. Tiwari, Adv.

The Court: On perusal of the documents it is clear that there is an

arbitration clause in the agreement. It also appears that the arbitration clause

is in conflict with Section 12(5) of the Arbitration and Conciliation Act, 1996.

Accordingly, as per the Supreme Court judgments passed in TRF Limited

v. Energo Engineering Projects Ltd. reported in (2017) 8 SCC 377 and in Perkins

Eastman Architects v. HSCC (India) Limited reported in (2019) 9 SCC Online SC

1517, the Court is required to appoint an independent Arbitrator.

In light of the same, Mr. Soumyajit Ghosh, Advocate (Mob.

No.9830060597) 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/161/2022 is accordingly disposed of.

(SHEKHAR B. SARAF, J.)

R.Bhar