OCD- 9 ORDER SHEET IN THE HIGH COURT AT CALCUTTA COMMERCIAL DIVISION ORIGINAL SIDE AP-COM/736/2026 VIKRAM BHANSALI AND ANR VS DHANSAR REALTY LIMITED BEFORE: The Hon’ble JUSTICE GAURANG KANTH Date : 25th September, 2026. Appearance:- Ms. Vedika Sureka, Adv. …for petitioners. The Court: - Affidavit of service is taken on record. Despite service, none appears for the respondent. The petitioners have preferred the present petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of a sole Arbitrator to adjudicate the disputes and differences arising out of the Deed of Assignment dated 26th September, 2022 executed between the petitioners and the respondent. The petitioners are the individual and joint purchasers and assignees of Unit No.1605 situated on the 16th Floor, in Godrej Genesis, at Plot No.XI, Block EP and GP, Sector V, Salt lake, Kolkata- 700051. The respondent, Dhansar Realty Ltd. was the assignor under the Deed of Assignment dated 26thSeptember, 2022, whereby the respondent assigned, conveyed and 2 transferred to the petitioners the right, title and interest in the said unit together with the appurtenant rights, duties and benefits. It is the case of the petitioners that under the Deed of Assignment and the possession letter, the respondent represented and warranted that the said unit was free from encumbrances, statutory liabilities, claims and demands and that all taxes and statutory dues payable up to the date of the Deed of Assignment had been duly discharged. The respondent further represented that liabilities relating to the period prior to the delivery of possession would remain its responsibility. After the execution and registration of the Deed and the delivery of possession, the petitioners took steps for mutation of the unit before the Nabadiganta Industrial Township Authority (NITA). The mutation could not be completed as the records disclosed substantial outstanding property dues aggregating to a sum of Rs.45,43,947/-. The petitioners issued a notice dated 4th April, 2026, calling upon the respondent to forthwith discharge and liquidate an outstanding statutory dues and property tax together with the consequential losses suffered by the petitioners. The said notice was not replied to by the respondent. Subsequently, the petitioners had invoked the arbitration clause contained in the Deed of Assignment by issuing notice under Section 21 of the Act dated 23.05.2026. The respondent chose not to respond to the said notice and neither took any steps for appointment of the sole Arbitrator. 3 This Court has heard the submissions advanced by the learned counsel for the petitioners and has examined the documents on record. The existence of the arbitration agreement isprima facie not in dispute. Clause 17 of the Deed of Assignment contains a clear agreement between the parties to refer disputes arising under or in connection with the Deed of Assignment to arbitration. The clause stipulates Calcutta as the place of arbitration and provides for constitution of the Arbitral Tribunal by appointment of a mutually agreed sole Arbitrator. The petitioners had duly invoked the arbitration agreement by issuing notice under Section 21 dated 23rd May, 2026 which was received by the respondent on 24th May, 2026. The failure of the respondent to act upon the request for appointment has resulted in failure of the agreed procedure for constitution of the Arbitral Tribunal. In such circumstances, the petitioners are entitled to invoke the jurisdiction of this Court under Section 11 of the said Act. The disputes raised by the petitioners arise out of and in connection with the Deed of Assignment and are on the face of arbitration agreement, matters referable to arbitration. Accordingly, the petition is allowed. Ms. Srijani Ghosh, Advocate (Mobile No.8910642648)is appointed as the sole Arbitrator to adjudicate the disputes between the parties. The learned Sole Arbitrator shall enter upon the reference making the disclosure with Section 12(1) of the Act and subject to the provisions of Section 12(5) thereof. 4 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. 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