Damodar Ropeways Infra Ltd vs Union Of India
2022 Latest Caselaw 2349 Cal/2

OD-13
                                  ORDER SHEET

                                  AP/260/2017

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

                        DAMODAR ROPEWAYS INFRA LTD
                                   VS
                              UNION OF INDIA


  BEFORE:
  The Hon'ble JUSTICE SHEKHAR B. SARAF
  Date : 6th September, 2022

                                                                        Appearance:
                                                    Mr. Suddhasatva Banerjee, Adv.
                                                           Mr. Tanay Agarwal, Adv.
                                                         Mr. Tirthankar Nandi, Adv.
                                                                  ...for the petitioner

                                                         Mr. Siddhartha Lahiri, Adv.
                                                                ...for the respondent

The Court: Heard Counsel appearing on behalf of the parties.

My prima facie finding is that the Tribunal is required to be appointed by

this Court in view of the judgments 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.

Furthermore, the Supreme Court judgment in Elora Paper Mills Limited v.

State of Madhya Pradesh reported in (2022) 3 SCC 1 buttresses the said

argument.

In light of the same, Counsel on behalf of the Railway authorities is

directed to take instructions if a sole Arbitrator can be appointed in the

matter so that costs can be reduced for both the parties.

Matter to be taken up on November 3, 2022.

(SHEKHAR B. SARAF, J.)

R.Bhar