Saha Building Centre Pvt Ltd vs The Union Of India on 6 January, 2025

Calcutta High Court

Saha Building Centre Pvt Ltd vs The Union Of India on 6 January, 2025

Author: Shampa Sarkar

Bench: Shampa Sarkar

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                              AP/101/2020
                    IN THE HIGH COURT AT CALCUTTA
                  ORDINARY ORIGINAL CIVIL JURISDICTION
                         COMMERCIAL DIVISON


                      SAHA BUILDING CENTRE PVT LTD
                                   VS
                           THE UNION OF INDIA

  BEFORE:
  The Hon'ble JUSTICE SHAMPA SARKAR

Date : 6th January, 2025.

Appearance:

Mr. Shiv Shankar Banerjee, Adv.

Mr. Santanu Chatterjee, Adv.

Ms. Divya Chatterjee, Adv.

Mr. Rajendra Kr. Nandi, Adv.

Mr. Srijan Chakravorty, Adv.

Mr. Swarhak Sarkar, Adv.

. . .for the petitioners.

Mr. Rabi Prosad Mookerjee, Adv.

Ms. Rini Bhattacharjya, Adv.

. . .for the U.O.I.

The Court: The matter has been listed before this Court pursuant to the

direction of the Hon’ble Apex Court in Special Leave Petition (Civil) No. 2240 of

2021 dated December 4, 2024. By an order dated January 7, 2021 the High

Court had rejected the application filed by M/s. Saha Building Centre Pvt. Ltd.

under Section 11(6) of the Arbitration and Conciliation Act, 1994 seeking

appointment of an Arbitrator. On January 21, 2020, the Chief Engineer

appointed one Shri Rajesh Banga, as the Arbitrator in terms of Clause 25 of the

subject agreement. The contention of the M/s. Saha Building Centre Pvt. Ltd.

before the Hon’ble Apex Court was that the appointment of Shri Banga was not

complete when the order dated January 7, 2021 had been passed by the High
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Court. Thus, the rejection of the application filed under Section 11(6) of the

Arbitration and Conciliation Act was contrary to the provisions of law.

The Hon’ble Apex Court upon considering the decision in Central

Organisation for Railway Electrification vs. M/s. ECI SPIC SMO MCML (JV) a

Joint Venture Company, 2024 INSC 857, held that an official of the Ministry of

Housing and Urban Affairs could not have been appointed the Arbitrator.

Accordingly, the order dated January 7, 2021 was set aside by the Hon’ble Apex

Court by allowing the application being AP No.101 of 2020 which was filed by

M/s. Saha Building Centre Pvt. Ltd. seeking appointment of an Arbitrator.

The Hon’ble Apex Court, however, directed that the matter should be listed

before this court only for the purpose of naming the learned Arbitrator. The

matter is listed and the parties have entered appearance before this Court.

Under such circumstances, the Court appoints Mr. Ranjay De, learned

senior Advocate [Mob. No. 9831028505] as the Arbitrator, to arbitrate upon the

dispute. This order is subject to compliance of Section 12 of the Arbitration and

Conciliation Act, 1996.

The learned Arbitrator shall fix his own remuneration as per the provisions

of the Arbitration and Conciliation Act.

AP/101/2024 is, accordingly, disposed of.

(SHAMPA SARKAR, J.)

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