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2026 DAILYLAW 45128 (CAL)

BADAL CHANDRA MONDAL ALIAS BADAL MONDAL AND ORS. v. AMRIT NFOODS PRIVATE LIMITED

AP-COM/786/2026 · 2026-09-28

Gaurang Kanth

body2026

Judgment text

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OCD- 7 ORDER SHEET IN THE HIGH COURT AT CALCUTTA COMMERCIAL DIVISION ORIGINAL SIDE AP-COM/786/2026 BADAL CHANDRA MONDAL ALIAS BADAL MONDAL AND ORS. VS AMRIT NFOODS PRIVATE LIMITED BEFORE: The Hon’ble JUSTICE GAURANG KANTH Date : 28th September, 2026. Appearance:- Mr. Anirban Roy, Adv. Mr. Debjit Basu, Adv. …for petitioner. The Court: - Affidavit of service is taken on record. Despite service, none appears on behalf of the respondent. This is an application filed by the petitioner under Sections 14 and 15 of the Arbitration and Conciliation Act, 1996, seeking termination of the mandate of the sole Arbitrator appointed vide order dated 13th July, 2026 in AP-COM/493/2026 and appointment of a substitute Arbitrator. Learned counsel for the petitioner submits that this Court vide the said order had appointed Mr. Anuj Singh,Advocate (your Lordship then was) as a sole Arbitrator. It is submitted that subsequent to the said appointment, Mr. Anuj Singh has been elevated as a Judge of this Court and is presently discharging judicial functions. Consequently, he has become de-jure unable to continue as an Arbitrator. In view of the aforesaid supervening circumstances, the mandate of Mr. Anuj Singh, the learned sole Arbitrator is hereby terminated under Section 14 of the Arbitration and Conciliation Act, 1996. 2 In exercise of the power under Section 15(2) of the said Act, Ms. Tannya Baranwal (Advocate) (Mobile No: 9643867569) is appointed as a sole Arbitrator to adjudicate the disputes and differences that have arisen between the parties out of the lease deed dated 12th March, 2015. The Arbitral Tribunal shall proceed with the reference from the stage at which the proceedings stood immediately prior to the termination of the mandate of Mr. Anuj Singh (your Lordship then was). The learned Sole Arbitrator shall enter upon the reference after 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 fix her remuneration in terms of the Fourth Schedule of the Act or as may be agreed between the parties. A copy of this order shall be communicated by the petitioner to the learned sole Arbitrator for necessary action. With the aforesaid directions, the present petition stands disposed of. (GAURANG KANTH, J.) R. D. Barua