COURT NO.1
HIGH COURT OF SIKKIM : GANGTOK
Record of Proceedings
Arb.P. No. 01/2023
AANUJ INFRAPROJECTS PVT. LTD. PETITIONER (S)
VERSUS
UNION OF INDIA AND ANR. RESPONDENT (S)
For Petitioner : Mr. E.R. Kumar, Mr. Abhishek Thakral and Ms.
Rachhitta Rai, Advocates.
For Respondents : Ms. Sangita Pradhan, Dy. Solicitor General of
India with Ms. Natasha Pradhan, Advocate.
Date: 17/03/2023
CORAM:
HON'BLE MR. JUSTICE BISWANATH SOMADDER, CHIEF JUSTICE
...
JUDGMENT
This is an application under section 11 of the Arbitration and Conciliation
Act, 1996 (as amended till date), for appointment of an Arbitrator.
At the time of hearing of the matter, the learned Deputy Solicitor General
of India submits, on instruction, that her client has no objection for appointment
of a sole Arbitrator for adjudication of the disputes which may have arisen
between the parties. However, she submits that the sole Arbitrator to be
appointed should be an independent Arbitrator to be nominated by this Court
and not based on the suggested names provided by the petitioner in the instant
arbitration petition.
Considering the facts and circumstances of the instant case, this Court is
of the view that the former Chief Justice of the erstwhile Andhra Pradesh High
Court, which was situated at Hyderabad, Shri Justice Kalyan Jyoti Sengupta,
may be appointed as the sole Arbitrator for adjudication of the disputes which
may have arisen between the parties. It will be open to the learned Arbitrator to
select the venue of arbitration and also determine his fees as well as the
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required fees/charges for secretarial assistance. The learned Arbitrator may
initiate the arbitral proceedings as expeditiously as possible, preferably within a
period of 4 (four) weeks from date of communication of a photostat certified
copy of this order.
Since no filing of affidavits were called for, allegations made in the instant
arbitration petition shall be deemed to have been not admitted by the
respondent.
The application is, accordingly, disposed of.
(Biswanath Somadder) Chief Justice pm/ami
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