CALCUTTA HIGH COURT Vs. APL METALS LIMITED
LAWS(CAL)-2019-2-173
HIGH COURT OF CALCUTTA
Decided on February 05,2019

Calcutta High Court Appellant
VERSUS
Apl Metals Limited Respondents

JUDGEMENT

Arindam Sinha,J. - (1.) The Court:-This arbitration petition and general application are both for inviting interference of Court under section 14 of Arbitration and Conciliation Act, 1996. Mr.Banerjee, learned advocate appears on behalf of petitioner who is respondent in the arbitration proceeding. He submits, the Arbitrator had framed as an issue:- "(3) Whether the title of the respondent no.1 in respect of the subject property is clear and marketable and unhindered by the provisions of the West Bengal Estate Acquisition Act and the Urban Land Ceiling Act?"
(2.) He demonstrates from disclosure at page 153 of the petition that the Arbitrator had given an opinion dated 29th March, 2012, certifying that the land belonging to petitioner is not affected by any law under section 6(3) of West Bengal Estates Acquisition Act, 1953. Mr. Chowdhury, learned advocate appearing on behalf of claimant respondent initially took point of maintainability by relying on judgment of Supreme Court in HRD Corporation Vs. GAIL (India) Limited reported in (2018) 12 SCC 471 , paragraph 12 substantiated by reference to ruling of the Arbitrator on challenge to his eligibility to act as such but thereafter concedes to an order of termination of mandate being made under section 14.
(3.) Parties drew attention to arbitration clause (25) in agreement dated 19th March, 2013 between themselves. They had agreed on there being sole named Arbitrator whose mandate now will stand terminated, also on their agreement. Parties have further agreed that their substitute Arbitrator will be Hon'ble retired Chief Justice Jyotirmay Bhattacharya and that there should be extension of time till 30th April, 2019 for substitute Arbitrator to conclude the proceeding on allowing reasonable time to petitioner for putting in evidence on affidavit, thereafter examination of the witness, hearing of arguments and publication of Award. Mr. Chowdhury wants a direction made for petitioner to file evidence on affidavit by seven days to which Mr. Banerjee submits, copy of evidence on affidavit to be used will be made over to claimant by 18th February, 2019.;


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