M/S Megatrend Systems vs The Union Of India
2023 Latest Caselaw 1011 Cal/2

OD-26
                                 ORDER SHEET

                                  AP/462/2022

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

                          M/S MEGATREND SYSTEMS
                                    VS
                            THE UNION OF INDIA


  BEFORE:
  The Hon'ble JUSTICE SHEKHAR B. SARAF
  Date : 21st April, 2023

                                                                        Appearance:
                                                           Mr. Ayan Banerjee, Adv.
                                                          Mr. Arijit Bhowmick, Adv.
                                                           Ms. Pooja Agarwal, Adv.
                                                                 ...for the petitioner

                                                       Mr. Indrajeet Dasgupta, Adv.
                                                       Ms. Puspita Bhowmick, Adv.
                                                             Ms. Rima Biswas, Adv.
                                                               ...for the respondent

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

This is an application under Section 11 of the Arbitration and

Conciliation Act, 1996 where the arbitration clause is at Clause 70 of the

agreement between the parties.

It appears from the arbitration clause that the Arbitrator is to be

appointed by the respondent at the request of the petitioner. Keeping in mind

the judgment in Perkins Eastman Architects DPC v. HSCC (India) Limited

reported in (2020) 20 SCC 760, TRF Limited v. Energo Engineering Projects Ltd.

reported in (2017) 8 SCC 377 and in Bharat Broadband Network Ltd. v. United

Telecoms Ltd. reported in (2019) 5 SCC 755, I am of the view that such

appointment should be made by the Court and should not be a unilateral

appointment. The objections taken by the respondent do not in any manner

impact the need to send this matter for arbitration as the contract has been

terminated and the right of the petitioner to invoke the arbitration is justified.

In light of the same, Mr. Rudraman Bhattacharyya, Mob. No.

9830731277 is appointed as Arbitrator to resolve the dispute 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/462/2022 is disposed of.

(SHEKHAR B. SARAF, J.)

R.Bhar