Calcutta High Court
AP-COM/749/2026 of IRC NATURAL RESOURCES PRIVATE LIMITED Vs WEST BENGAL MINERAL DEVELOPMENT AND TRADING CORPORATION LIMITED on 21 September 2026
SHEET IN THE HIGH COURT AT CALCUTTA COMMERCIAL DIVISION ORIGINAL SIDE AP-COM/749/2026 IRC NATURAL RESOURCES PRIVATE LIMITED VS WEST BENGAL MINERAL DEVELOPMENT AND TRADING CORPORATION LIMITED BEFORE: The Hon’ble JUSTICE GAURANG KANTH Date : 21st September, 2026. Appearance:- Mr. Subhasish
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OCD- 24 ORDER SHEET
IN THE HIGH COURT AT CALCUTTA COMMERCIAL DIVISION ORIGINAL SIDE
AP-COM/749/2026 IRC NATURAL RESOURCES PRIVATE LIMITED VS WEST BENGAL MINERAL DEVELOPMENT AND TRADING CORPORATION LIMITED
BEFORE: The Hon’ble JUSTICE GAURANG KANTH Date : 21st September, 2026. Appearance:- Mr. Subhasish Sengupta, Adv. Ms. S. Ganguli, Adv. …for petitioner. Mr. Sanjay Saha, Adv. …for respondent.
The Court: - Affidavit of service is taken on record. The petitioner has preferred the present petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking inter alia protection against invocation and encashment of the bank guarantee furnished by the petitioner in favour of the respondent. Without getting into the merits of the matter, learned counsel for the parties submit that they are agreeable for the appointment of a learned sole Arbitrator to adjudicate the disputes between them in terms of the agreement between the parties. In view of the agreement, learned counsel for the parties suggest the name of Mr. Suman Kumar Dutt, Senior Advocate (Mob: 9830403181), as a learned sole Arbitrator to adjudicate the disputes between the parties.
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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, 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. Let this application under Section 9 be treated as one under Section 17 before the learned Arbitrator. With the aforesaid directions, the present petition stands disposed of.
(GAURANG KANTH, J.)
R. D. Barua