OCD-17 ORDER SHEET IN THE HIGH COURT AT CALCUTTA COMMERCIAL DIVISION ORIGINAL SIDE AP-COM/682/2026 SUBRATA BASU AND ANR VS SRI AMIT SENGUPTA BEFORE: The Hon’ble JUSTICE GAURANG KANTH Date : 23rd September, 2026. Appearance: Mr. Ayan Kumar Boral, Adv. Ms. Saswati Sengupta, Adv. ..for the petitioners Mr. Gunjan Shah, Adv. Ms. Ruchi Hallen, Adv. …for the respondent The Court: The petitioners have 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 that have arisen between the parties out of the Development Agreement dated 7th September, 2022. The petitioners are the joint owners of premises no. P-115, CIT Road Scheme IV M, Kolkata 700010 Post Office and Police Station Beliaghata under ward no. 33 of the Kolkata Municipal Corporation. According to the petitioners, a Development Agreement dated 7th September, 2022 was initially executed between the parties, along with a Development Power of Attorney in favour of the respondent. Since the development could not proceed within the stipulated period, the earlier agreement and the power of 2 attorney were cancelled and revoked, respectively, and the parties thereafter executed a fresh development agreement dated 20th November, 2024 along with a general power of attorney and a fresh development power of attorney. Under the subsequent development agreement, the respondent was required to complete the construction and hand over the petitioners’ allocation within 18 months from the date of the agreement. The petitioners alleges that little or no progress was made and that the disputes subsequently arose regarding the sanctioned plan, vacation of the premises, alternate accommodation and the respondent’s alleged attempt to deal with the property on the strength of the General Power of Attorney. The petitioner further alleges that in February, 2026, the respondent claimed to have arranged a purchaser for the property for a consideration of Rs.6,50,00,000/- and proposed that the petitioner would receive only Rs.1,50,00,000/-. The petitioner contends that such conduct amounts to a breach of the Development Agreement and thus the disputes and differences arose between the parties. The petitioners duly invoked the arbitration clause contained in the Development Agreement by issuing a notice under Section 21 of the Act, dated 4th March, 2026. The said notice was duly replied to by the respondent vide reply dated 11th March, 2026 without disputing the existence of the arbitration clause in the said agreement. The petitioners further state that they had approached the Learned District Judge at Alipore by filing an application under Section 9 of the 3 Arbitration and Conciliation Act, 1996 and the same was registered as Misc. Case (Arbitration) No. 18 of 2026. Learned Counsel for the respondent states that she has no objection to the appointment of the learned Sole Arbitrator in terms of the development agreement. Accordingly, with the consent of the parties, this Court appoints Mr. Rudrajit Sarkar, Advocate (Mobile No. 9836121325) 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.