COURT NO.1
HIGH COURT OF SIKKIM : GANGTOK
Record of Proceedings
Arb.P. No. 01/2024
SMT. LEELA SINGH AND ANR. PETITIONER (S)
VERSUS
SMT. KALPANA RAI AND ORS. RESPONDENT (S)
For Petitioners : Mr. Yam Kumar Subba, Advocate.
For Respondents : Mr. Rahul Rathi and Ms. Khushboo Rathi,
Advocates.
Date: 09/09/2024
CORAM:
HON’BLE MR. JUSTICE BISWANATH SOMADDER, CHIEF JUSTICE
…
O R D E R
This is an application under section 11 of the Arbitration and Conciliation
Act, 1996 (as amended till date), for appointment of an Arbitrator.
At the time of hearing of the matter, the learned Advocates submit, on
instruction, that their clients have no objection for appointment of a sole
Arbitrator for adjudication of the disputes which may have arisen between the
parties. However, the sole Arbitrator to be appointed should be an independent
Arbitrator to be nominated by this Court and not based on suggested names
provided by the petitioner.
Considering the facts and circumstances of the instant case, this Court is of
the view that a designated Senior Advocate of this Court, namely, Shri Asutosh
Moulik, may be appointed as a sole Arbitrator for adjudication of the disputes
which may have arisen between the parties. It will be open to the learned
Arbitrator to select the venue of arbitration and also determine his fees as well as
the required fees/charges for secretarial assistance. The learned Arbitrator may
initiate the arbitral proceeding as expeditiously as possible, preferably within a
period of four (4) weeks from date of communication of a photostat certified copy
COURT NO.1
HIGH COURT OF SIKKIM : GANGTOK
Record of Proceedings
of this order. The learned Arbitrator is also requested to conclude the arbitral
proceeding within a reasonable period of time.
It will be open to the petitioner to approach the learned Arbitrator for the
purpose of striking out the name of the respondent, M/s Royal Norla, from the
array of parties who will appear before the Arbitral Tribunal in terms of this order.
Since no affidavits were called for, allegations made in the instant
arbitration petition shall be deemed to have been not admitted by the
respondents.
The application is, accordingly, disposed of.
(Biswanath Somadder)
Chief Justice
jk/avi/ami