Ascensive Educare Ltd vs Alliah University And Anr
2022 Latest Caselaw 2822 Cal/2

OD 11

                             ORDER SHEET
                              AP/488/2021
                    IN THE HIGH COURT AT CALCUTTA
                  ORDINARY ORIGINAL CIVIL JURISDICTION
                             ORIGINAL SIDE



                         ASCENSIVE EDUCARE LTD.
                                    VS
                        ALLIAH UNIVERSITY AND ANR.




  BEFORE:
  The Hon'ble JUSTICE SHEKHAR B. SARAF
  Date: 22nd November, 2022.




                                                                      Appearance:
                                                   Mr. Kamal Krishna Pathak, Adv.
                                                             Mr. Souvik Maji, Adv.
                                                                ...for the petitioner


      The Court: This matter has appeared on several occasions. Directions for

affidavits were given on 19th January, 2022.     It appears that a copy of the

affidavit-in-opposition has been served upon the petitioner but the same has not

been filed in Court till date. Today when the matter was called on, none appears

on behalf of the respondent.

I have perused the arbitration clause. The same is provided below:

"9. Arbitration and Applicable Laws -

9.1 The parties hereby agree that any controversy, claim or dispute

arising in connection with this MOU, and which cannot be resolved

amicably shall be referred to the Vice-Chancellor as a sole arbitrator.

If however, the decision of the common arbitrator is not acceptable

by the ASCENSIVE EDUCARE PRIVATE LIMITED (VTP) the matter

may be referred to the High Court at Calcutta."

Keeping in mind the judgments in Vidya Drolia and Others v. Durga

Trading Corporation and Ors. reported in AIR (2019) SC 3498 and TRF Limited v.

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

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

1517, I appoint Mr. Debjit Mukherjee, Advocate (Mobile No. 9674292555) as a

sole Arbitrator to resolve the disputes between the parties. 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. 488 of 2021 is, accordingly, disposed of.

(SHEKHAR B. SARAF, J.) B.Pal