- (1.) Ms.Manasi Chatpalliwar, learned advocate appears on behalf of petitioner and files supplementary affidavit on leave obtained and copy served.
(2.) She demonstrates compliance of agreement clause 64(3) (a) (ii). Demonstration is by reference to letter dated 6th July, 2016 written on behalf of her client to General Manager, Metro Railway, Kolkata. In the letter there is extract from relevant clause in the agreement between parties regarding disputes resolution by arbitration. In paragraph 3 of the letter following was said :- "3. In view of the said order your good office is directed to take a decision, within a period of 120 days, on all the claims raised by us vide our letters dated 12/08/2015 and 02/03/ 2016 ( Copy Enclosed). " Drawing attention to letter dated 14th October, 2016 she submits, this can be taken as response to her client's letter of 6th July, 2016. She next refers to Railways' letter dated 15th November, 2016, which, she submits, was written beyond 120 days agreed to be given to General Manager to make known decision on disputes raised, as expired on 3rd November, 2016. She submits, by this letter too General Manager did not make known decision. By letter dated 23rd November, 2016, disclosed as annexure 'CC' in supplementary affidavit, her client said, inter alia, as follows:- "F. Please take notice that as you have failed to communicate your decision as per the directions of the Hon'ble Calcutta High Court and also seem to act in contravention of the Arbitration and Conciliation Act , hence, without prejudice to rights and remedies available to our Client, through this communication, our Client hereby invokes arbitration and as per the abovementioned agreement and the said Order you are hereby requested to communicate to our Client your nomination for independent and impartial arbitrator as per within a period of 7 days from the receipt of this letter. If you fail to do so our Client shall be constrained to initiate appropriate legal proceedings in this regard including for appointment of arbitrators. "
(3.) On query from court she submits, between 6th July, 2016 and 23rd November, 2016 her client's 3rd and 4th arbitration petitions were filed, moved and disposed of. She refers to order dated 15th February, 2017 and judgement dated 19th July, 2017 passed respectively in her client's 3rd and 4th arbitration petitions, which considered and dealt with contentions raised by parties on applicability of 5th and 7th schedules in Arbitration and Conciliation Act , 1996. Mr. Ghosh, learned advocate appears on behalf of respondents and wants direction for filing affidavit. ;