Ashok Kumar Jaiswal And Ors vs Kalamunj Realtors Pvt Ltd on 23 July, 2025

Calcutta High Court

Ashok Kumar Jaiswal And Ors vs Kalamunj Realtors Pvt Ltd on 23 July, 2025

Author: Shampa Sarkar

Bench: Shampa Sarkar

        ORDER                                                       OD - 1 &2
                    IN THE HIGH COURT AT CALCUTTA
                  ORDINARY ORIGINAL CIVIL JURISDICTION
                             ORIGINAL SIDE

                             AP/93/2025
                     ASHOK KUMAR JAISWAL AND ORS.
                                 VS
                      KALAMUNJ REALTORS PVT LTD.

                                    WITH

                             AP/94/2025
                     ASHOK KUMAR JAISWAL AND ORS.
                                 VS
                      KALAMUNJ REALTORS PVT LTD.



     BEFORE:
     THE HON'BLE JUSTICE SHAMPA SARKAR
     Date : 23rd July 2025.
                                                                    Appearance:
                                             Mr. Jishnu Chowdhury, Senior Adv.
                                                        Mr. Chayan Gupta, Adv.
                                                   Mr. Sayantan Chatterjee, Adv.
                                                       Mr. Niladri Banerjee, Adv.
                                                           Ms. Mili Mondal, Adv.
                                                                ...for petitioners.
                                                    Mr. Swatarup Banerjee, Adv.
                                                         Mrs. Bisakha Pal, Adv.
                                                     ...for respondent No. 1 & 2.

Re: AP/94/2025

1. AP/94/2025 is an application for appointment of a substitute arbitrator

on account of demise of the erstwhile arbitrator. The proceeding was

continuing when the unfortunate event happened.
2

2. The proceedings could not be concluded and the situation is covered by

Section 14 of the Arbitration and Conciliation Act, 1996. This application

is allowed.

3. This Court appoints Mr. Jishnu Saha, learned Senior Advocate, Bar

Library Club,as a substitute arbitrator, to arbitrate upon the disputes

between the parties. This appointment is subject to compliance of Section

12 of the Arbitration and Conciliation Act, 1996. The learned Arbitrator

shall decide the stage from which the arbitral proceeding is to continue

and shall fix his remuneration as per the Schedule of the Arbitration and

Conciliation Act, 1996.

4. AP/94/2025 is disposed of.

Re: AP/93/2025

5. AP/93/2025 is an application for extension of mandate of the arbitrator.

6. In view of the appointment of the substitute arbitrator in AP/94/2025, the

mandate of the learned arbitrator stands automatically extended. The

learned arbitrator shall make an endeavour and publish his award within

a year from the date of communication of this order, and parties are

always at liberty to extend as per law, thereafter.

7. AP/93/2025 is disposed of.

(SHAMPA SARKAR, J.)
S. Kumar / R. D Barua