OD-12 ORDER SHEET IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE AP/84/2026 GPS NIRMAN PRIVATE LIMITED VS BINOY SHANKAR CHAKRABORTY AND ANOTHER BEFORE: The Hon’ble JUSTICE GAURANG KANTH Date : 25th August, 2026. Appearance: Mr. Kishore Mukherjee, Adv. ..for the petitioner Mr. Dattatreya Dutta, Adv. Ms. Ipsita Ghosh, Adv. Mr. Monjit Bhattacharjee, Adv. ..for the respondent nos.1 & 2 The Court: The petitioner has preferred the present petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of a learned sole Arbitrator to adjudicate the disputes and differences which have arisen between the parties out of the Development Agreement dated 18.02.2022. Learned Counsel for the petitioner submits that the petitioner was appointed as a developer in respect of the premises situated at 1, Gour Sundar Sett Lane, Kolkata 700050 under the aforesaid Development Agreement. It is submitted that in terms of the Development Agreement, the petitioner was required to undertake construction of a multi-storied property 2 at his own cost and expense, while the respondents being the owners of the property, were required to extend all necessary cooperation for implementation of the project, including furnishing documents, facilitating the statutory permissions and ensuring peaceful and vacant possession of the property. It is submitted by the petitioner that disputes and differences subsequently arose between the parties during the implementation of the project. According to the petitioner, certain issues relating to recorded area of a water body situated on the property created impediments in obtaining the building sanction plan from the competent authorities. The petitioner contends that considerable time was consumed in obtaining rectification of the relevant record and securing approval from the concerned authorities. Learned Counsel for the petitioner submits that the respondents failed to extend cooperation contemplated under the Development Agreement and, inter alia, failed to take adequate steps in relation to the removal of occupiers from the property, failed to hand over the original title documents and failed to provide necessary assistance for obtaining statutory approvals, despite repeated requests by the petitioner. It is further submitted that the disputes and differences have arisen between the parties and the petitioner invoked the arbitration agreement contained in Clause 22 of the Development Agreement by issuing a notice under Section 21 of the Act dated 17.03.2026. Learned Counsel for the respondents does not dispute the execution of the Development Agreement as well as the arbitration clause contained 3 therein. She consents to the appointment of an Arbitrator to adjudicate the disputes between the parties. Accordingly, with the consent of the parties, this Court appoints Mr. Vivek Basu, Advocate (Mobile No. 9830014375) as the learned sole Arbitrator to adjudicate the disputes between the parties in terms of the Development Agreement dated 18.02.2022. The learned Sole Arbitrator shall enter upon the reference making the disclosure with 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. With the aforesaid directions, the present petition stands disposed of. (GAURANG KANTH, J.) bp.