Araha Hospitality Pvt. Ltd vs Indian Railway Catering And ...
2023 Latest Caselaw 1873 Cal/2

OD-8
                               ORDER SHEET

                                AP/509/2023

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

                   ARAHA HOSPITALITY PVT. LTD.
                               VS
 INDIAN RAILWAY CATERING AND TOURISM CORPORATION LTD. AND ANR.


  BEFORE:
  The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA
  Date : 3rd August, 2023.

                                                                     Appearance:
                                                       Mr. Priyankar Saha, Adv.
                                                      Ms. Srijani Mukherjee, Adv.
                                                           Mr. L. R. Mondal, Adv.
                                                               ...for the petitioner

                                                       Mr. Sarosij Dasgupta, Adv.
                                                        Mr. Sabyasachi De, Adv.
                                                         Ms. Afreen Begum, Adv.
                                                            ...for the respondents

The Court: Learned counsel appearing for the parties have placed their

arguments. The petitioner seeks appointment of an Arbitrator under Section

11(6) of the 1996 Act whereas the respondents oppose the plea on the ground

that the arbitration petition is premature since the petitioner has not

exhausted the two options provided for in the arbitration agreement. It is also

submitted that the petitioner has not exercised its choice in respect of the

panel of Arbitrators mentioned in the Agreement.

Counsel for the respondents also submits that the dispute is non-

arbitrable since the party whose rights would be affected by the arbitration is

not a party to the proceedings.

List this matter tomorrow, i.e., on 4th August, 2023 under the heading

"For Judgment".

The affidavit-of-service is kept on record.

(MOUSHUMI BHATTACHARYA, J.)

kc