Jugal Kishore Sadani vs M/S. J. N. B. S. A. Realtors Llp
2023 Latest Caselaw 923 Cal/2

OD 12


                              ORDER SHEET
                               AP/438/2021
                     IN THE HIGH COURT AT CALCUTTA
                   ORDINARY ORIGINAL CIVIL JURISDICTION
                              ORIGINAL SIDE


                           JUGAL KISHORE SADANI
                                        VS
                        M/S. J. N. B. S. A. REALTORS LLP



  BEFORE:
  The Hon'ble JUSTICE SHEKHAR B. SARAF
  Date: 12th April, 2023.



                                                                         Appearance:
                                                              Mr. Dhiraj Trivedi, Adv.
                                                       Mr. Bikash Kumar Singh, Adv.
                                                              Ms. Swapna Jha, Adv.
                                                                   ...for the petitioner

      The Court: None has appeared on behalf of the respondent on several

occasions in spite of service. It is to be noted that directions for affidavits were

given on 7th October, 2021 when counsel had appeared on behalf of the

respondent. Subsequently, the matter has appeared on 17th February, 2023 and

on 24th March, 2023 when none has appeared on behalf of the respondent.

Upon perusal of the records, I find that the development agreement dated

15th December, 2015 was terminated by a letter dated 19th July, 2021 and in the

same letter notice invoking arbitration under Section 21 of the Arbitration and

Conciliation Act was issued. The petitioner had also suggested the name of a

sole Arbitrator in the said letter. A reply to this notice was issued on 19th

August, 2021 by the respondent.

In light of the above facts and circumstances, I am of the view that there is

an arbitration clause between the parties in the development agreement at para

22.2 which is provided below:

"22.2. In the event the parties hereto being not able to amicably

clearify by the confusions and/or misunderstandings and/or

to mutually resolve the disputes and/or differences as

provided hereinabove, all disputes and differences by and

between the parties hereto concerning or relating to or

arising out of this Agreement or with regard to interpretation

of this Agreement or any of the clauses herein recorded

and/or the respective claims of the parties, the same shall be

referred to the sole Arbitrator to be nominated mutually by

the parties for final adjudication as per the provisions of the

Arbitration and Conciliation Act, 1996. The sole Arbitrator

shall have summary power and need not record the reasons

and further be at liberty to make interim awards. However if

appointment of the sole arbitrator cannot be reached

mutually, then the parties will be at liberty to choose one

arbitrator each. The arbitrators so appointed shall thereafter

choose a third arbitrator being the umpire. The decision of

the arbitrators shall be final and binding on both the

parties."

Keeping in mind the catena of judgment of the Supreme Court, I am of the

view that this Court should appoint a sole Arbitrator.

Accordingly, Mr. Samrat Sen, Senior Advocate, is appointed as sole

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 No. 438 of 2021 is, accordingly, disposed of.

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