OD-71 In The High Court at Calcutta Ordinary Original Civil Jurisdiction Original Side AP/15/2026 DELITE PROPERTIES PRIVATE LIMITED -VS- RITAM CONCRETE PRIVATE LIMITED BEFORE: The Hon’ble JUSTICE GAURANG KANTH Date : 25th August, 2026. Appearance: Mr. Debnath Ghosh, Sr. Adv. Mr. Biswaroop Chowdhury, Adv. Mr. Rohit Banerjee, Adv. Mr. Subhankar Chakraborty, Adv. Ms. Sayani Gupta, Adv. Ms. Harshita Nath, Adv. …for the petitioner Mr. Bhaskar Roy, Adv. Ms. Sahili Dey, Adv. Ms. Debangana Dey, Adv. ...for the respondent The Court :- The petitioner has preferred the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 seeking challenge to the Award dated 4th November, 2024. Learned senior counsel for the petitioner states that the present award has been passed by the learned Sole Arbitrator, who was unilaterally appointed by the respondent. Learned senior counsel for the petitioner states that such appointment is contrary to the law laid down by the Hon’ble Supreme Court in Bhadra International (India) Pvt. Ltd. vs. Airports Authority of India reported as 2026 SCC OnLine SC 7. He states that unilateral appointments can no longer be sustained in view of the decision rendered by the Hon’ble Supreme Court. 2 At this stage, learned counsel for the respondent states that the Award may be set aside and a new arbitrator may be appointed to adjudicate the dispute arising out of Partnership Agreement dated 29th January, 2020. Learned counsel for the parties jointly suggested the name of Mr. Saptansu Basu, learned Senior Advocate, as the Sole Arbitrator to adjudicate the dispute between the parties. The Award dated 4th November, 2024 is set aside. Accordingly, Mr. Saptansu Basu, learned Senior Advocate, (Mob. No. 9830087914), is appointed as the Sole Arbitrator to adjudicate the disputes and differences that have arisen out of the Partnership Agreement dated 29th January, 2020. It is clarified that all questions relating to the arbitrability of the disputes, maintainability of the claims, limitation, jurisdiction, admissibility and all other questions of law and fact are left open to be urged before the learned Sole Arbitrator. The learned Sole Arbitrator shall consider and decide all such issues in accordance with law, without being influenced by any observation made in this order. The learned Sole Arbitrator shall enter upon the reference after making the disclosure contemplated under 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 his remuneration in terms of the Fourth Schedule to the Act or as may be mutually agreed between the parties. A copy of this order shall be communicated by the parties to the learned Sole Arbitrator forthwith for taking necessary steps in the matter. 3 With the aforesaid directions, the present petition stands disposed of. (GAURANG KANTH, J.) S.A. AR(CR)