Calcutta High Court
Edward Food Research And Analysis … vs Metrohm India P Ltd on 13 March, 2025
Author: Shampa Sarkar
Bench: Shampa Sarkar
OCD-7
AP-COM/206/2025
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL CIVIL JURISDICTION
COMMERCIAL DIVISON
EDWARD FOOD RESEARCH AND ANALYSIS CENTRE LIMITED
VS
METROHM INDIA P LTD
BEFORE:
The Hon'ble JUSTICE SHAMPA SARKAR
Date : 13th March, 2025.
Appearance:
Mr. Kuldip Mallick, Adv.
Mr. Diptomoy Talukder, Adv.
Mr.T. Talukder, Adv.
. . .for the petitioner.
The Court:
1. Despite service, none appears on behalf of the respondent. This is an
application for appointment of an arbitrator.
2. The respondent had contested the application under Section 9 of the
Arbitration and Conciliation Act, 1996, which had been filed before this
Court.
3. The dispute arises from the purchase order which was issued by the
petitioner, to the respondent, for purchase of a machine. The allegation
is that the machine did not function properly and did not meet the
specifications. Accordingly, demands were raised for replacement of the
machine, on the basis of the warranty clause.
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4. The learned advocate for the petitioner submits that the respondent
denied the fact that the machine supplied by the respondent was
defective. In fact, the respondent’s case was that the petitioner was
responsible for malfunctioning of the machine. While disposing of the
application under Section 9 of the Arbitration and Conciliation Act,
1996, this Court had rejected the prayer of the petitioner for inspection
of the machine.
5. In the opinion of the Court, such order would enable the petitioner to
fish out evidence, to substantiate its claim. However, the petitioner was
granted liberty to invoke the arbitration clause and pray for interim
relief before the learned Arbitrator.
6. The petitioner, thereafter, invoked arbitration by a notice dated July 9,
2024. The purchase order was issued by the petitioner sometime in
October 2022. The purchase order contains a clause for settlement of
dispute by arbitration. The jurisdiction is Kolkata.
7. Under such circumstances, this application is entertained and disposed
of in the absence of the respondent, who does not appear despite notice.
8. Under such circumstances, the Court appoints Mr. Biswanath
Chatterjee, learned Advocate, Bar Library Club, [Mobile No.
9830465930] as the Arbitrator, to arbitrate upon the dispute between
the parties. This order is subject to compliance of Section 12 of the
Arbitration and Conciliation Act, 1996.
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9. The learned Arbitrator shall fix his own remuneration as per the
provisions of the Arbitration and Conciliation Act.
10. AP-COM/206/2025 is, accordingly, disposed of.
(SHAMPA SARKAR, J.)
sp/
