Fatik Bhattacharjee vs Piush Agarwal And 2 Ors
2024 Latest Caselaw 8540 Gua

Gauhati High Court

Fatik Bhattacharjee vs Piush Agarwal And 2 Ors on 21 November, 2024

Author: Soumitra Saikia

Bench: Soumitra Saikia

                                                                 Page No.# 1/2

GAHC010028392022




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                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                           Case No. : Arb.P./6/2022

         FATIK BHATTACHARJEE
         S/O LT. KHAGENDRA BHATTACHARJEE, A PARTNER OF M/S AKASH
         GANGA CONSTURCTION HAVING OFFICE AT LANKESWAR OPPOSITE
         FOREST GATE NEAR B.ED COLLEGE, JALUKBARI GUWAHATI-781014,
         DIST. KAMRUP (M) A R/O ANANDANAGAR, PANDU PORT ROAD,
         GUWAHATI-22, DIST. KAMRUP (M) ASSAM AND ALSO A R/O SRISHTI
         RESEDENCE LANKESWAR JALUKBARI GUWAHATI-14 DIST. KAMRUP (M)
         ASSAM



         VERSUS

         PIUSH AGARWAL AND 2 ORS.
         S/O BANARASI LAL AGARWAL, PARTNER OF SRISHTI ASSOCIATES INDIA,
         A PARTNERSHIP FIRM HAVING ITS REGISTERED OFFICE AT MAZZAININE
         B, ITAG PLAZA, GUWAHATI-781005, DIST. KAMRUP (M) ASSAM

         2:PANKAJ AGARWAL
          S/O BANARASI LAL AGARWAL
          PARTNER OF SRISHTI ASSOCIATES INDIA
         A PARTNERSHIP FIRM HAVING ITS REGISTERED OFFICE AT MAZZAININE
         B
          ITAG PLAZA
          GUWAHATI-781005
          DIST. KAMRUP (M) ASSAM

         3:M/S SRISHTI ASSOCIATES INDIA
         A PARTNERSHIP FIRM HAVING ITS REGISTERED OFFICE AT MAZZAININE
         B
          ITAG PLAZA
          GUWAHATI-781005
          DIST. KAMRUP (M) ASSAM
          REP .BY ITS PARTNER SRI PIUSH AGARWA AND PANKAJ AGARWA
                                                                                 Page No.# 2/2


Advocate for the Petitioner   : MR P SHARMAH, MR P SONOWAL,MR A DEKA,MR S B SINHA

Advocate for the Respondent : MR. B PATHAK (r-1,2,3), MR. R THADANI (r-1,2,3)




                                     BEFORE
                      HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                         ORDER

21.11.2024 Heard learned counsel for the parties.

The question of whether this Court can refer the matter to Arbitration under Section 11(5) will require some examination in view of the objection raised by the counsel for the respondents that besides examination of the existence of an arbitration agreement whether the issue itself is arbitrable or not is also required to be examine by the Court while exercise of jurisdiction of under Section 11(5). He has referred to a Judgment of Vidya Drolia & Ors, Vs. Durga Trading Corporation reported in (2021) 2 SCC 1 in support of his contentions.

The learned counsel for the petitioner on the other hand submits that the question of arbitrability of the issue can also be looked into by the Arbitral Tribunal. Therefore, at this stage the only thing that needs to be decided by the Court is the existence of an arbitration agreement and the matter therefore needs to be decided and the Court needs to appoint an Arbitrator as the respondents did not appoint the Arbitrator inspite of the statutory notice issued by the petitioner on 07.02.2022 calling upon the respondents to concur on the appointment of Justice Smti. Anima Hazarika, Former Judge of this Hon'ble Court.

List after one week for further hearing.

JUDGE

Comparing Assistant