Calcutta High Court
Yudhbir Chhibbar vs Kamrup Real Estate Pvt. Ltd. And Ors on 12 June, 2024
O-16
ORDER SHEET
IA NO: GA/2/2024
In CS/1/2023
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
YUDHBIR CHHIBBAR
VS
KAMRUP REAL ESTATE PVT. LTD. AND ORS.
BEFORE:
The Hon'ble JUSTICE KRISHNA RAO
Date : June 12, 2024.
Appearance:
Mr. Nirmalya Dasgupta, Adv.
Mr. Jitendra Patnaik, Adv.
... for the plaintiff
Mr. Rittick Chowdhury, Adv.
Mr. D.N. Maiti, Adv.
Ms. Akshita Singh, Adv.
... for the defendant nos.1 to 5
The Court: Mr. Nirmalya Dasgupta, learned counsel, is
appearing for the plaintiff. Mr. Rittick Chowdhury, learned counsel, is
appearing for the defendant nos.1 to 5.
Counsel for the plaintiff has filed affidavit of service. Let the
same be kept with the record.
The plaintiff has filed this suit praying for a decree for a sum of
Rs.4,88,10,938/- along with interest and allied reliefs.
The plaintiff has also filed an application being GA/2/2024
praying for judgment on admission. Though the learned counsel for the
plaintiff has argued the matter on merit but the learned counsel for the
defendants has raised the preliminary objection with regard to the suit
and submitted that there is an Arbitration Clause in the development
agreement entered between the plaintiff and the defendants and has
referred Clause 23 of the said agreement which reads as follows :
"23. Arbitration
23.1 Disputes and Pre-referral Efforts: The Parties shall
attempt to settle any disputes or differences in relation
to or arising out of or touching this Agreement or the
validity, interpretation, Construction, performance,
breach or enforceability of this Agreement (collectively
Disputes), by way of bilateral discussions and
negotiations. To this end, each of the Party shall use its
reasonable endeavors to consult or negotiate with the
other Party in good faith and in recognizing the Party's
mutual interests and attempt to reach a just and
equitable settlement satisfactory to both the Parties.
23.2 Referral to Arbitration: If the Party and/or Parties have
not settled the Disputes by negotiation within 30 (thirty)
clear days from the date in which negotiations are
initiated, the Disputes shall be referred to and finally
resolved by arbitration by an Arbitration Tribunal
formed in the manner given below, in terms of the
Arbitration and Conciliation Act, 1996.
23.3 Place : The place of arbitration shall be Kolkata city only.
23.4 Language : The language of the arbitration shall be
English.
23.5 Jurisdictional Court : In connection with the aforesaid
arbitration proceedings, the courts at Kolkata and/or
the Hon'ble High Court at Calcutta only shall have
jurisdiction to receive, entertain, try adjudicate and
determine all actions and proceedings concerning the
disputes between the parties."
Learned counsel for the plaintiff on instruction has also agreed
that there is an Arbitration Clause in the development agreement and the
plaintiff is agreed to refer the matter to arbitration in terms of clause 23 of
the agreement.
Both the parties have agreed for appointment of an Arbitrator by
this Court, accordingly, Mr. Debnath Ghosh, learned Advocate of this Bar
is appointed as an Arbitrator to decide the disputes between the parties in
terms of the development agreement entered between the parties on 30th
October, 2017.
The Arbitrator is entitled for the fees in terms of Schedule IV of
the Arbitration and Conciliation Act, 1996.
The parties are directed to pay the fee of the learned Arbitrator
in accordance with Schedule IV of the Arbitration and Conciliation Act,
1996.
The parties shall raise all the issues before the learned
Arbitrator.
In view of the above, GA/2/2024 along with CS/1/2023 is
disposed of.
As the matter is referred to arbitration in terms of Clause 23 of
the development agreement, the department is directed to return the court
fee deposited by the plaintiff and the plaintiff is at liberty to use the said
court fee in subsequent suit.
(KRISHNA RAO, J.)
RS
