OCD- 7 ORDER SHEET IN THE HIGH COURT AT CALCUTTA COMMERCIAL DIVISION ORIGINAL SIDE AP-COM/699/2026 UMA SHANKAR RATHI VS VEENA BIHANI AND OTHERS BEFORE: The Hon’ble JUSTICE GAURANG KANTH Date : 25th September, 2026. Appearance:- Mr. Anubhav Sinha, Adv. Ms. Abhismita Goswami, Adv. …for petitioner. Mr. Saptarshi Dutt, Adv. Mr. S. Ghosh, Adv. …for respondents. The Court: - The petitioner has preferred the present petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of a sole Arbitrator in terms of Clause 2 of the Deed of Release dated 27th April, 2023, executed between the petitioner and the respondents. The petitioner is one of the partners of M/s. Verdant Projects, a partnership firm of which respondent Nos.1 and 2 are the other partners. Respondent Nos.3 to 6 are stated to be partners of respondent No.2. The Deed of Release dated 27th April, 2023 was executed between the parties in relation to the petitioner’s relinquishment of his entitlement in respect of the rental income arising from the commercial premises situated at Capricorn Solitaire, 19A, Dr. Meghnad Saha Sarani, Kolkata- 700026. According to the petitioner, the agreed consideration for such relinquishment was fixed at Rs.75,00,000/- 2 payable in several tranches. The petitioner states that he had been paid only Rs.45,00,000/- and the balance amount of Rs.30,00,000/- remains unpaid. Disputes have subsequently arisen, inter alia, regarding the agreed consideration, the petitioner’s entitlement to the balance amount and the rights of the parties in respect of the rentals and maintenance receivable from the said premises. Clause 2 of the Deed of Release contains the arbitration agreement providing that the disputes relating to the construction,meaning or effect of this Deed and the rights, duties and liabilities and obligations of this parties, which remain unresolved through negotiation, shall be referred to arbitration under Arbitration and Conciliation Act, 1996. The venue of arbitration is at Kolkata. Learned counsel for the respondents does not dispute the existence or validity of the said clause and the Deed of Release. In view thereof, with the consent of the parties, Mr. Tilak Kumar Bose, Senior Advocate (Mobile No.9831030383)is appointed as the sole Arbitrator to adjudicate the disputes between the parties. The learned Sole Arbitrator shall enter upon the referenceafter 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 fix his remuneration in terms of the Fourth Schedule of the Act or as may be 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 arbitrator, who shall decide the same in accordance with law. With the aforesaid directions, the present petition stands disposed of. (GAURANG KANTH, J.) R. D. Barua