Calcutta High Court
AP-COM/705/2026 of M/s. Sethi Constructions Vs Tarsons Products Limited on 23 September 2026
IN THE HIGH COURT AT CALCUTTA COMMERCIAL DIVISION ORIGINAL SIDE AP-COM/705/2026 M/S. SETHI CONSTRUCTIONS VS TARSONS PRODUCTS LIMITED BEFORE: The Hon’ble JUSTICE GAURANG KANTH Date : 23rd September, 2026. Appearance:- Mr. Rudrajit Sarkar, Adv. Mr. Debangshu Dinda, Adv. Mr. Tamoghna Saha,
OCD-22
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
COMMERCIAL DIVISION
ORIGINAL SIDE
AP-COM/705/2026
M/S. SETHI CONSTRUCTIONS
VS
TARSONS PRODUCTS LIMITED
BEFORE:
The Hon’ble JUSTICE GAURANG KANTH
Date : 23rd September, 2026.
Appearance:-
Mr. Rudrajit Sarkar, Adv.
Mr. Debangshu Dinda, Adv.
Mr. Tamoghna Saha, Adv.
Mr. Arnab Kumar Ghosh, Adv.
…for petitioner.
Ms. S. Ghoshdastidar, Adv.
Mr. Dhruv Chaddha, Adv.
Mr. Harshvardhan Gupta, Adv.
…for respondent.
The Court: - The petitioner has preferred the present petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of a sole Arbitrator to adjudicate the disputes and differences which have arisen between the parties out of the Work Order/PO
No.7600000573 dated 8th November, 2022.
Learned counsel for the petitioner submits that in terms of Clause 45
of the General Conditions of Contract, the dispute or difference be referred to an settled by two arbitrators, one to be nominated by the Owner and the other by the Contractor. In case of any disagreement between the two Arbitrators, the two appointed Arbitrators shall jointly appoint the Third Arbitrator.
2
Learned counsel for the respondent does not dispute the said condition and states that the constitution of the Arbitral Tribunal is provided for in Clause 45(3) of the General Condition Contract.
With the consent of the parties, the said clause is modified to the extent that only a sole Arbitrator is appointed to adjudicate the disputes and differences that have arisen between the parties out of said Work
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Order.
In view thereof, with the consent of the parties, this Court appoints Mr. Siddhartha Lahiri, Advocate (Mob No:-9830082839) as the sole Arbitrator to adjudicate the disputes and differences between the parties. 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 fix his remuneration in terms of the Fourth Schedule of the Act or as may be agreed between the parties. A copy of this order shall be communicated to the learned Sole Arbitrator to take necessary steps. 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.)
R. D. Barua