Sampark Advertising And Media ... vs General Manager
2022 Latest Caselaw 1512 Cal/2

OD-110
                                 ORDER SHEET

                                  AP/181/2022

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

           SAMPARK ADVERTISING AND MEDIA PRIVATE LIMITED
                                VS
         GENERAL MANAGER, METRO RAILWAY, KOLKATA AND ORS.



  BEFORE:
  The Hon'ble JUSTICE SHEKHAR B. SARAF

Date : 28th April, 2022

Appearance:

Mr. Sarosij Dasgupta, Adv.

Mr. Anirban Mitra, 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. Dhruba Ghosh, Senior 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/181/2022 is accordingly disposed of.

(SHEKHAR B. SARAF, J.)

R.Bhar