Calcutta High Court
AP-COM/698/2026 of M/S. B. B. Consortium Vs UNION OF INDIA on 23 September 2026
IN THE HIGH COURT AT CALCUTTA COMMERCIAL DIVISION ORIGINAL SIDE AP-COM/698/2026 M/S. B. B. Consortium VS UNION OF INDIA BEFORE: The Hon’ble JUSTICE GAURANG KANTH Date : 23rd September, 2026. Appearance: Ms. Sristi Barman Roy, Adv. Mr. Kamal Kr. Chattopadhyay, Adv. Ms. Rimi Chatterjee,
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OCD-19 ORDER SHEET
IN THE HIGH COURT AT CALCUTTA COMMERCIAL DIVISION ORIGINAL SIDE
AP-COM/698/2026
M/S. B. B. Consortium VS UNION OF INDIA
BEFORE: The Hon’ble JUSTICE GAURANG KANTH Date : 23rd September, 2026.
Appearance: Ms. Sristi Barman Roy, Adv. Mr. Kamal Kr. Chattopadhyay, Adv. Ms. Rimi Chatterjee, Adv. ..for the petitioners
Mr. Indrajeet Dasgupta, Adv. Mr. Shounak Ghosh, Adv. …for the respondent
The Court: The petitioners have preferred the present petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of an independent Arbitrator to adjudicate the disputes and differences that have arisen between the parties in connection with an Agreement being No.17/EE/KCD-IV/2023-24 relating to the work of “Renovation of 22 Experimental Ponds with construction of RCC inlet sluice and dyke strengthening and protection etc. at KRC of CIBA, Kakdwip, Dist.- South 24 Parganas, West Bengal.” The respondent invited an online percentage rate tender for the said work, which was granted in favour of the petitioner vide the above- mentioned contract dated 30th May, 2023. The contract is governed by the General Conditions of Contract (GCC Maintenance Works-2020) as amended from time to time together with the schedule of work. The estimated cost of the contract was Rs.22,14,629/- and the tender amount was Rs.19,15.652/-. The stipulated period for completion of the contract was three months commencing from 2nd June, 2023 and ending on 1st September, 2023. Clause 25 of the GCC contains the arbitration mechanism and was subsequently modified by correction slip no.7. The petitioner contends that the disputes arose during the execution of the work on account of various hindrances attributable to the respondent including non-availability of site. Learned Counsel for the respondent does not dispute the arbitration clause as contained in the GCC. The parties consent to the appointment of an Arbitrator to adjudicate the disputes and differences that have arisen out of the contract No.17/EE/KCD-IV/2023-24. Accordingly, with the consent of the parties, this Court appoints Mr. Sudhir Kumar, D.O.B-07.06.1958, SKU07061958AEEC061983 (Mobile No. 9199427074) as the learned sole Arbitrator to adjudicate the disputes and differences that have arisen between the parties out of the development agreement. The learned Sole Arbitrator shall enter upon the reference after making the disclosure in terms of Section 12(1) of the Act and subject to the provisions of Section 12(5) thereof.
The learned sole Arbitrator shall be entitled to fix the remuneration in accordance with the Fourth Schedule of the Act or as may be mutually agreed between the parties. A copy of this order shall be communicated by the petitioner to the learned sole Arbitrator for necessary action. It is clarified that all questions relating to the arbitrability of the disputes, maintainability, the admissibility of the claims, limitation, jurisdiction, and all other issues are left open to be urged before the learned Sole Arbitrator, who shall decide the same in accordance with law. With the aforesaid directions, the present petition stands disposed of.
(GAURANG KANTH, J.)
bp.