Calcutta High Court
Ratan Saha vs The Ministry Of Railways And Anr on 10 March, 2025
Author: Shampa Sarkar
Bench: Shampa Sarkar
OCD -7
ORDER SHEET
AP-COM/164/2025
IN THE HIGH COURT AT CALCUTTA
COMMERCIAL DIVISION
ORIGINAL SIDE
RATAN SAHA
VS
THE MINISTRY OF RAILWAYS AND ANR.
BEFORE:
The Hon'ble JUSTICE SHAMPA SARKAR
Date: 10thMarch, 2025.
Appearance:
Mr. Dinesh Pani, Adv.
.... for the petitioner
Mr. SahasrangshuBhattacharjee, Adv.
Mr. Rivu Dutta, Adv.
...for the respondent
The Court:1.The petitioner prays for appointment of a sole arbitrator
in terms of agreement dated July 23, 2014. The petitioner was engaged as a
Halt Contractor at Takipur Halt Station. The tenure of engagement were
regularly extended by supplementary agreements and ultimately, extension
was granted till February 15, 2025 vide a supplementary agreement dated
September 7, 2022.
On January 3, 2024, the petitioner made a prayer for further
extension. The prayer was refused. A dispute arose. The petitioner approached
the competent Civil Court for an injunction. Ad-interim injunction was granted
and thereafter the application was rejected.
The petitioner invoked the arbitration clause by a notice issued by his learned
2
advocate dated February 10, 2025 and suggested names of four learned
advocates who would act as the sole arbitrator. Mr. Bhattacharjee, learned
advocate for the respondent submits that the respondent asked the petitioner
to waive the applicability of Section 12(5) of the Arbitration and Conciliation
Act, 1996, in terms of the proviso.
As the petitioner has approached this Court for appointment of
learned arbitrator, it is clear that the petitioner is not willing to accept any
such waiver clause and desires that the Court should refer the dispute to a sole
arbitrator. Mr. Bhattacharjeealso agrees that a sole arbitrator should be
appointed. There is an arbitration clause and the notice invoking arbitration is
available.
2.Under such circumstances, the application is disposed of by
appointing Mr. Lokenath Chatterjee, learned Advocate, Bar Library Club, as the
sole arbitrator, to arbitrate upon the disputes between the parties. The
respondents shall be at liberty to raise all objections that may be available to
them under the law. 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.)
TR/