Disposed¶20

M/S. Associated Industries v. the Lieutenant Governor and Anr.

Calcutta HC5 Nov 2024AP/4/2024

Case brief

AI extract

What is this about?

S.11 Arbitration and Conciliation Act 1996; arbitrator appointment; Justice Subrata Talukdar (Retd); M/s Associated Industries v Lieutenant Governor; Port Blair Circuit Bench; Rajasekhar Mantha J.; agreement 9 Aug 2021 arbitration clause; writ WPA/99/2022 withdrawn; Secretary CS&CA rejection 23 Jun 2022; PDS wheat fortification Fair Price Shops.

What did the court decide?

Appointment of Justice Subrata Talukdar (Retd) of the Court as Arbitrator to enter upon the reference and pass an appropriate award under the Arbitration and Conciliation Act, 1996, with liberty to consider and decide all questions permissible under law; urgent photostat certified copy to be supplied to the parties upon compliance of formalities. ¶20

M/S. Associated Industries Vs the Lieutenant Governor and Anr. — Arbitration | Calcutta HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether, having regard to the petitioner's unilateral withdrawal of writ petition WPA/99/2022, the petitioner is barred from invoking the arbitration clause or raising claims against the respondents (contention advanced by the respondents' counsel). +1 more

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Ratio / Principle

The Court appointed Justice Subrata Talukdar (Retd) of the Court as Arbitrator to enter upon the reference and pass an appropriate award in terms of the Arbitration and Conciliation Act, 1996.

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Key takeaways

All questions that can be considered by the arbitrator under the law of the land may be considered and decided by him.ratio¶19

Detailed headnote1 paragraphs

Section 11 arbitration petition (AP/4/2024, High Court at Calcutta, Circuit Bench at Port Blair; Rajasekhar Mantha, J.; decision date 05-11-2024): M/s Associated Industries invoked the arbitration clause contained in its agreement of 9th August, 2021 with the Lieutenant Governor and others concerning a work order for conversion of PDS wheat into fortified wheat flour and supply of labelled packets to Fair Price Shops for three months, after its earlier writ petition WPA/99/2022 (in which a Coordinate Bench had on 21st April, 2022 directed release of admitted dues and a reasoned order, and following which the Secretary (CS&CA) on 23rd June, 2022 rejected the claim) was unilaterally withdrawn. The respondents' counsel contended that withdrawal barred the petitioner from invoking the arbitration clause or raising further claims; the Court, without expressly engaging that contention, appointed Justice Subrata Talukdar (Retd) of the Court as Arbitrator to enter upon the reference and pass an appropriate award under the Arbitration and Conciliation Act, 1996, permitting consideration of all questions open to the arbitrator under law, and disposed of the petition.

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IN THE HIGH COURT AT CALCUTTA [ CIRCUIT BENCH AT PORT BLAIR ]

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AP/4/2024

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M/s Associated Industries

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The Lieutenant Governor and others

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Mr. Tapan Kumar Das … for the petitioner Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi … for the respondents

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November 5, 2024 [SR] Item No.5

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This is an application under section 11 of the Arbitration and Conciliation Act, 1996.

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Initially a writ petition, being WPA/99/2022, was filed by the petitioner. In the said writ petition, an order dated 21^st April, 2022 passed by a Coordinate Bench directing admitted dues of the petitioner to be released and a reasoned order be passed with regard to the claim of the petitioner as a whole.

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By an order dated 23^rd June, 2022, the Secretary (CS&CA) has rejected the claim of the petitioner.

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The writ petition was unilaterally withdrawn by the petitioner.

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Mr. Shatadru Chakraborty, learned counsel appearing for the respondents submits that since after withdrawal of the writ petition, the petitioner is barred from invoking the arbitration clause or raises any claims against the respondents.

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The claim of the petitioner arises in relation to the work order for conversion of PDS wheat into fortified wheat flour and

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supply of various quantities of labeled packets to the Fair Price Shops at Port Blair Tehsil, Campbell Bay, Swaraj Dweep and Shaheed Dweep for three months.

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An agreement was entered into between the parties dated 9^th August 2021. The said agreement contains an agreement clause. The petitioner has invoked arbitration clause.

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Having regard to the facts and circumstances of this case, this Court is inclined to appoint Justice Subrata Talukdar (Retd) of this Court as an Arbitrator to enter upon the reference and pass an appropriate award in terms of Arbitration and Conciliation Act, 1996. All questions that can be considered by the arbitrator under the law of the land may be considered and decided by him.

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With the aforesaid direction, the arbitration petition is disposed of.

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Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all formalities.

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( Rajasekhar Mantha, J. )

M/S. Associated Industries v. the Lieutenant Governor and Anr.

Case brief

What is this about?

What did the court decide?

M/S. Associated Industries v. the Lieutenant Governor and Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

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