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2026 DAILYLAW 43562 (CAL)

DONALD MONDAL v. M/S. THE CORAL AND ORS.

AP-COM/747/2026 · 2026-09-23

Gaurang Kanth

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

OCD-31 ORDER SHEET IN THE HIGH COURT AT CALCUTTA COMMERCIAL DIVISION ORIGINAL SIDE AP-COM/747/2026 DONALD MONDAL VS M/S. THE CORAL AND ORS. BEFORE: The Hon’ble JUSTICE GAURANG KANTH Date : 23rd September, 2026. Appearance: Mr. Pratip Mukherjee, Adv. Mr. S. Basu, Adv. Ms. Jasika Alam, Adv. ..for the petitioner Mr. Souvik Das, 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 arising out of the Development Agreement dated 19th September, 2024 executed between the petitioner and the respondents. Learned Counsel for the parties submit that they are agreeable to appointment of an Arbitrator to adjudicate the disputes and differences which have arisen between the parties out of the Development Agreement dated 19th September, 2024. 2 Accordingly, with the consent of the parties, this Court appoints Mr. Anindya Basu, Advocate (Mobile No. 9733300151) as the learned sole Arbitrator to adjudicate the disputes and differences that have arisen between the parties out of the development agreement. 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, maintainability, 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.