Calcutta High Court
Aditi Chakraborty And Others vs Anish Mukherjee And Another on 11 March, 2025
Author: Shampa Sarkar
Bench: Shampa Sarkar
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OD 5
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
ORIGINAL CIVIL JURISDICTION
ORIGINAL SIDE
AP/36/2025
ADITI CHAKRABORTY AND OTHERS
VS
ANISH MUKHERJEE AND ANOTHER
BEFORE:
The Hon'ble JUSTICE SHAMPA SARKAR
Date : March 11, 2025
Appearance :
Mr. Arif Ali, Adv.
Mr. Sarban Bhattacharyya, Adv.
...for petitioner
The Court : 1. Affidavit of service is taken on record.
2. Despite service, none appears on behalf of the respondents.
3. The petitioners are the land owners and the respondents are the developers.
4. Disputes arose with regard to the development agreement dated July 8,
2022, for construction of a residential building within Madhyamgram
municipality.
5. It is contended by the land owner that the developers have not taken any
step to fulfill their obligations under the agreement, which also included
obtaining a sanctioned plan. Accordingly, the petitioners terminated the
contract and invoked arbitration.
6. It appears that, by a letter dated November 13, 2024, the developers denied
and disputed the allegations made by the land owners and called the
termination illegal.
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7. The development agreement contains an arbitration clause, which is quoted
below:-
“All disputes and differences between the parties hereto in any way
relating to this agreement and/or arising out of the provisions hereof
shall be referred for arbitration to the advocates having been appointed
each one by each of the parties and such arbitration shall otherwise be
in accordance with the Arbitration and Conciliation Act, 1996 till the
date disputes and/or differences.”
8. The notice invoking arbitration was also received by the respondents.
9. Under such circumstances, keeping all issues and objections that may be
available to the respondents open and to be raised before the learned
Arbitrator, the application is disposed of by appointing Mr. Pratip
Mukherjee, Advocate, Bar Library Club, High Court (Mobile No.
8100950043) as the learned sole Arbitrator to arbitrate the dispute.
10. The learned Arbitrator shall comply with the provisions of Section 12 of the
Arbitration and Conciliation Act, 1996. The learned Arbitrator shall be at
liberty to fix his remuneration as per the Schedule of Arbitration and
Conciliation Act, 1996.
(SHAMPA SARKAR, J.)
SN/GH.
AR(CR)
