Jayanti Cinema Pvt Ltd vs Downtowm Temptations Pvt Ltd

The Court :- This is an application under Section 11 of the Arbitration and Conciliation Act, 1996, as amended by Act 3 of 2016 (in short “the Act

of 1996â€) seeking for appointment of an arbitrator to adjudicate the disputes between the parties relating to the agreement dated March 12, 2016,

being Annexure‘A’ to the application.

From the affidavit of service filed on behalf of the petitioner, it appears that a copy of the application has been served upon the respondent. However,

none appears to oppose this application on behalf of the respondent even in the third call. Let, the affidavit of service filed on behalf of the petitioner

be kept on record.

Admittedly, the respondent has invoked the arbitration agreement between the parties contained in clause 12 of the said agreement dated March 12,

2016 by filing an application under Section 9 of the Act of 1996, against the present petitioner, before the learned District Judge at Barasat, 24

Parganas (North) and obtained an ex parte order restraining the present petitioner from evicting it from the suit property.

When the present respondent itself filed the said application before the learned District Judge, at Barasat, 24 Parganas (North) by invoking the said

arbitration agreement dated March 12, 2016, the existence of the arbitration agreement between the parties is not in dispute.

However, as mentioned earlier, in spite of a copy of this application being served upon the respondent and the application being taken up for hearing in

the third call, none appears for the respondent to contest this application.

When there is no dispute between the parties with regard to the arbitration agreement, the present application of the petitioner succeeds. Accordingly,

Debi Prosad Dey, a former Judge of this Court is appointed as the sole Arbitrator to adjudicate the disputes between the parties to this application

relating to the agreement dated March 12, 2016, being Annexure â€" ‘A’ to the application. The learned arbitrator would be free to fix his

remuneration to be equally shared by the respective parties.

The learned Arbitrator shall also be entitled to engage requisite staff for conducting the arbitral proceeding at the expenses of the parties to be shared

equally. The petitioner is directed to communicate this order to the respondent by speed post as well as by way of personal service. With the above

directions, AP No. 279 of 2018 stands disposed of. There shall, however, be no order as to costs.