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2025 DAILYLAW 1111 (CAL)

BHAGWANDAS VEHICLE TEST SERVICES PVT LTD v. KESHRI AUTOMOBILES PVT LTD

AP-COM/798/2025 · 2026-01-20

Shampa Sarkar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

oc-13 ORDER SHEET IN THE HIGH COURT AT CALCUTTA COMMERCIAL DIVISION ORIGINAL SIDE AP-COM/798/2025 BHAGWANDAS VEHICLE TEST SERVICES PVT LTD VS KESHRI AUTOMOBILES PVT LTD BEFORE: The Hon'ble JUSTICE SHAMPA SARKAR Date: 20th January, 2026. Appearance: Mr. Sariful Haque, Adv. …for petitioner. The Court: This is an application for appointment of an Arbitrator in terms of clause 22 of the Leave and License Agreement. The said clause is quoted below : “22. Both parties hereby agree that all disputes and differences and questions whatsoever which may at any time arise between the parties hereto out of or concerning anything contained in or arising out of this agreement during the continuation of this demise or on termination thereof or in respect of any rights, duties or liabilities arising out of these presents or in any manner connected herewith shall be referred to the sole Arbitrator to be appointed by the Licensor in accordance with the relevant provisions of the Arbitration and Conciliation Act, 1996 as amended from time to time.” The dispute between the parties arose allegedly when the respondent stopped paying rent and license fee to the petitioner. It is available from the records that by a letter dated August 18, 2025, the learned Advocate for the petitioner invoked arbitration. The petitioner claims huge outstanding rents. Despite service none appears for the respondent. Affidavit of Service in on record. 2 Mr. Sukanta Chakraborty [Mob. No.9836337012], learned Advocate is appointed as the Arbitrator to arbitrate upon the disputes between the parties. The learned Arbitrator shall comply with the provisions of Section 12 of the Arbitration and Conciliation Act, 1996. The learned Arbitrator shall be at liberty to fix his remuneration as per the schedule of Arbitration and Conciliation Act, 1996. All questions as to arbitrability, jurisdiction, admissibility, limitation etc. are left open. The application is disposed of. (SHAMPA SARKAR, J.) pkd.