Judgment:
AP No.623 of 2013 IN THE HIGH COURT AT CALCUTTA ORDIANRY ORIGINAL CIVIL JURISDICTION R.
Piyarelall Iron And Steel PVT.LTD.Versus Fair Deal Supplies LTD.Before: The Hon'ble Justice I.P.MUKERJ.Date: 18th December 2013 Appearance: Mr.Jayjit Ganguly, Advocate for the petitioner MRS.Noelle Banerjee, Advocate Mr.Dipak Kr.
De, Advocate for the respondent The Court: Against the order dated 5th March 2013 in AP No.538 of 2011 (R.
Piyarelall Iron And Steel PVT.LTD.versus Fair Deal Supplies Ltd.) the respondent had preferred a Special Leave Petition before the Hon’ble Supreme Court of India.
On 10th September 2013 the Special Leave Petition was dismissed by the said Court with the observation that “We are not inclined to interfere with the order passed by the High Court”.
Now the order of this Court dated 5th March 2013 directed each of the parties to appoint its nominee Arbitrator within two weeks from the date of obtaining a certified copy of the order.
Thereafter the two appointed Arbitrators would appoint a third Arbitrator by consent within three weeks thereafter.
The nominee Arbitrators of the parties had to be members of the Bar Library Club, High Court, Calcutta.
The petitioner has appointed Mr.Utpal Bose, Advocate as its nominee Arbitrator.
The respondent has not yet appointed an Arbitrator.
Therefore, this application taken out by the petitioner, further to the said order dated 10th September 2013 of the Hon’ble Supreme Court, is disposed of by directing the respondent to appoint their nominee Arbitrator positively by 23rd December 2013, upon notice to the Advocate-on-Record for the petitioner.
Thereafter the two appointed Arbitrators will appoint a third Arbitrator by consent within three weeks thereafter.
In default of the respondent appointing an Arbitrator, the nominee Arbitrator of the petitioner will act as the sole Arbitrator.
All other stipulations in the order dated 5th March 2013 are retained.
All parties are to act on a signed photocopy of this order on the usual undertakings.
(I.P.MUKERJI, J.) R.
Bose AR(CR)