Calcutta High Court
Kejriwal Castings Limited vs Enviro Serene on 7 January, 2025
Author: Shampa Sarkar
Bench: Shampa Sarkar
OC 46
ORDER SHEET
AP/450/2023
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL CIVIL JURISDICTION
COMMERCIAL DIVISION
KEJRIWAL CASTINGS LIMITED
VS
ENVIRO SERENE
BEFORE:
The Hon'ble JUSTICE SHAMPA SARKAR
Date: 7th January, 2025.
Appearance:
Mr. Sanjay Baid, Adv.
Mr. Sourav Dutta, Adv.
...for the petitioner
The Court: The Court found that despite service on two occasions, the
respondent did not appear. Thus, the Court directed service by way of paper
publication. None appears even today.
Affidavit of service filed in Court indicates that paper publications have
been made in two widely circulated dailies, namely, ‘The Telegraph’ and
‘Anandabazar Patrika’. Under such circumstances, the matter is taken up in the
absence of the respondent.
AP/450/2023 was filed under Section 29A of the Arbitration and
Conciliation Act, 1996, by the applicant seeking extension of the mandate of the
learned Arbitrator. A coordinate Bench by an order dated 30th August, 2023
rejected the said application on the ground that the application had been filed
after the mandate of the learned Arbitrator had expired. The petitioner preferred
an appeal before the Hon’ble Apex Court. The appeal was registered as Civil
2
Appeal No.10622/2024. The Hon’ble Apex Court allowed the appeal in part, but
did not extend the mandate of the learned Arbitrator thereby leaving it to the
Court to appoint a new Arbitrator in this regard. The matter was remitted to the
High Court for necessary orders.
Mr. Dutta learned advocate for the petitioner submits that this Court
should appoint a substitute Arbitrator in terms of Section 29A(6) of the
Arbitration and Conciliation Act, 1996 as directed Hon’ble Apex Court.
Accordingly, the Court appoints Ms. Hashnuhana Chakraborty, learned
Advocate (Mob. No.9830111269), as the Arbitrator, to arbitrate the dispute. This
order is subject to compliance of Section 12 of the Arbitration and Conciliation
Act, 1996.
The learned Arbitrator shall fix her own remuneration as per the Schedule
of the Act.
The claimant will be at liberty to pray before the erstwhile learned
Arbitrator Mr. Samar Roy, a retired District Judge, for handing over all the
documents, pleadings etc.
The learned substitute Arbitrator shall proceed from the stage prior to filing
of this application. It appears that the matter had proceeded ex parte before the
learned Arbitrator. This order be communicated to the respondent by the
petitioner or the learned Advocate on record for the petitioner.
AP/450/2023 is, accordingly, disposed of.
(SHAMPA SARKAR, J.)
B.Pal