Sri Soumendra Kumar Ghosh Vs. Nani Gopal Ghosh and ors. - Court Judgment

Excerpt:
the court :- in spite of service of notice none appears for the respondent. let the affidavit of service filed in court to-day be kept on record. it appears that this application has been filed for appointment of an arbitrator. the facts of the case briefly are as follows: the petitioners father and his two uncles were entered into an agreement with the first respondent on 21.03.1996 for the purpose of development of the premises no. 12b, ganga prasad mukherjee road, bhowanipore, kolkata 700 0025.the petitioner claimed that the first respondent was required to develop the property and make over three several flats consisting of 625sq meter approximately as well as two garage space to the petitioners father and also to the said two uncles, who are the preformed respondents in this.....

Judgment:
The Court :- In spite of service of notice none appears for the respondent. Let the affidavit of service filed in Court to-day be kept on record. It appears that this application has been filed for appointment of an Arbitrator.

The facts of the case briefly are as follows: The petitioners father and his two uncles were entered into an agreement with the first respondent on 21.03.1996 for the purpose of development of the premises No. 12B, Ganga Prasad Mukherjee Road, Bhowanipore, Kolkata 700 0025.

The petitioner claimed that the first respondent was required to develop the property and make over three several flats consisting of 625sq meter approximately as well as two garage space to the petitioners father and also to the said two uncles, who are the preformed respondents in this application.

It is also a term of the contract that in case of handing over the ownership to the petitioner or to his uncles the petitioner and the proforma respondents can claim damages at the rate of Rs.50/- per day. It is further submitted that the uncle has also been provided with two other flats in some other places but not in the said premises, which was agreed upon between the parties.

The petitioners father during the tenure of construction and development of the said premises died testate leaving his mother and himself as the only heirs and also having a registered will in their favour.

The said will has also been probated. During this process the mother has also died. The petitioner is the only son of his late father and the demised mother. It appears that the disputes between the parties are covered under the said arbitration clause and the claim of the petitioner is still subsisting.

In these circumstances, the application which was moved before the Court being A.P. No. 45 of 2010 is placed before this Bench for appointment of an Arbitrator. It appears that it is a fit case where an Arbitrator should be appointed to adjudicate upon the disputes between the parties. Accordingly, I appoint Dr. Hare Krishna Saha Roy, Barister-at-Law, an advocate of this Court at a consolidated fees of 3000 GMs.

The Arbitrator will be at liberty to appoint a Stenographer and Clerk at the meeting of the parties whose remuneration shall be fixed by the Arbitrator. If necessary, Interpreter to be appointed by the Arbitrator. Cost of Arbitration to be paid by the parties equally which is to be fixed by the Arbitrator.

All parties concerned are to act on a xeroxsigned copy of the minutes of this order on the usual undertakings.

Urgent Xerox certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.