OCD-37 ORDER SHEET IN THE HIGH COURT AT CALCUTTA COMMERCIAL DIVISION ORIGINAL SIDE AP-COM/775/2026 BHARAT TRADERS AND SUPPLIERS VS BRAITHWAITE AND COMPANY LIMITED BEFORE: The Hon’ble JUSTICE GAURANG KANTH Date : 23rd September, 2026. Appearance: Mr. Sourav Kumar Mukherjee, Adv. Ms. Sahana Pal, Adv. Mr. Souhardya Mitra, Adv. ..for the petitioner Mr. Sayan Banerjee, Adv. ..for the respondent The Court: Affidavit of service and Notice of Motion are taken on record. 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 purchase order dated 19th July, 2024. The petitioner is a registered partnership firm, was awarded the contract by the respondent Braithwaite and Company Limited for the purpose of supply, installation, commissioning and maintenance for Naturally ventilated polyhouse under the NABARD’s RIFD Scheme in Garhwal region of the State of Uttarakhand. 2 The respondent issued a purchase order bearing no.464000001 dated 19th July, 2024 for a total contract value of Rs.104,86,07,000/-, inclusive of GST. The said Purchase Order, unilaterally drafted by the respondent, provided for all the terms and conditions which the parties were obliged to honour. On the basis of the representation made by the respondent, the petitioner accepted the contents of the said Purchase Order and agreed to act in terms thereof. The purchase order contains a dispute resolution clause providing for all disputes arising between the parties to be adjudicated by a sole Arbitrator. Learned Counsel for the respondent does not dispute the said purchase order nor does he disputes the arbitration clause contained in the said purchase order. Disputes subsequently arose between the parties concerning the execution of the contract. Learned Counsel for the respondent states that he is agreeable to appointment of an Arbitrator to adjudicate the disputes between the parties. Accordingly, with the consent of the parties, this Court appoints Mr. Sujoy Paul, Former Chief Justice of this Court, as the learned sole Arbitrator to adjudicate the disputes and differences that have arisen between the parties. 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. 3 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.