Calcutta High Court
AP/152/2026 of KOLAY CONSTRUCTION Vs THE CHIEF ENGINEER, WEST BENGAL STATE RURAL DEVELOPMENT AGENCY AND ORS on 8 September 2026
IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE AP/152/2026 KOLAY CONSTRUCTION VS THE CHIEF ENGINEER, WEST BENGAL STATE RURAL DEVELOPMENT AGENCY AND ORS BEFORE: The Hon’ble JUSTICE GAURANG KANTH Date : 8th September, 2026. Appearance: Mr. Siva Prosad Ghose, Adv. …for the petitioner
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OD-17 ORDER SHEET
IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE
AP/152/2026
KOLAY CONSTRUCTION VS THE CHIEF ENGINEER, WEST BENGAL STATE RURAL DEVELOPMENT AGENCY AND ORS
BEFORE: The Hon’ble JUSTICE GAURANG KANTH Date : 8th September, 2026.
Appearance: Mr. Siva Prosad Ghose, Adv. …for the petitioner
The Court: Affidavit of service is taken on record. Despite service, none appears on behalf of the respondents. The petitioner has preferred the present petition under Sections 14 and 15 of the Arbitration and Conciliation Act, 1996, seeking appointment of a substitute Arbitrator in place of Mr. Partha Pratim Roy, Advocate (your Lordship then was), who has been elevated to the Bench. The learned sole Arbitrator was appointed by this Court vide order dated 10th September, 2024 in AP/42/2024 and the present petition has been filed due to his subsequent elevation to the Bench of this Court. Learned Counsel for the petitioner states that the arbitral proceedings have substantially progressed. The petitioner has already filed his Statement of Claim and the parties have completed their pleadings. Evidence had also
2 commenced and the petitioner’s witness has been cross-examined. The proceedings thereafter remained inconclusive. In view of the elevation of the learned sole Arbitrator to the Bench of this Court, he is no longer in a position to continue with the arbitral proceedings. The mandate of the learned Arbitrator is stated to have expired on 11th August, 2026. In these circumstances, Mr. Rahul Karmakar, Advocate (Mob. No. 9830988020) is appointed as the substitute Arbitrator to adjudicate the disputes which have arisen between the parties. The learned substituted Arbitrator shall assume charge of the arbitral proceedings and continue the proceedings from the stage at which the mandate of the erstwhile Arbitrator stands terminated in accordance with Section 15(3) of the Act. 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. With the aforesaid directions, the present petition stands disposed of.
(GAURANG KANTH, J.)
R.Bhar