Disposed¶17

Prithwijeet Seth v. Anindita Dasgupta

Arbitration – Appointment of substitute arbitrator

Calcutta HC24 Mar 2025AP-COM/127/2025

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Case brief

AI extract

What is this about?

Substitute arbitrator appointment; recusal of arbitrator; elevation of arbitrator to the Bench; service by publication in Kolkata and Mumbai newspapers; unclaimed postal articles; minutes of meeting January 16, 2025; AP-COM/127/2025; Prithwijeet Seth vs Anindita Dasgupta; High Court at Calcutta Commercial Division Original Side; Justice Shampa Sarkar; Ms. Noelle Banerjee appointed arbitrator; arbitration disputes; application disposed 24 March 2025.

What did the court decide?

Appointment of Ms. Noelle Banerjee, learned advocate, as arbitrator to arbitrate upon the disputes between the parties. ¶17

Prithwijeet Seth Vs Anindita Dasgupta — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appointment of Ms. Noelle Banerjee, learned advocate, as arbitrator to arbitrate upon the disputes between the parties.

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Issue for consideration

Whether a substitute arbitrator should be appointed to arbitrate the disputes between the parties, following the recusal and elevation of the erstwhile arbitrator.

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Court's answer

The prayer for appointment of a substitute arbitrator must be allowed, for adjudication of the disputes between the parties.

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Ratio / Principle

In view of the recusal of the learned arbitrator and the fact that the erstwhile arbitrator has since been elevated to the Bench, this is a fit case for appointment of a substitute arbitrator.

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Key takeaways

Ms. Noelle Banerjee, learned advocate, is appointed as arbitrator to arbitrate upon the disputes between the parties, and the application is disposed of accordingly.ratio¶17
The newly appointed arbitrator shall proceed independently from the stage at which the erstwhile learned arbitrator recused, and the parties shall seek handover of the documents in the erstwhile arbitrator's possession.ratio¶19
This Court has not gone into the merits of the issues raised by counsel for the petitioner.

Detailed headnote1 paragraphs

Arbitration - Appointment of substitute arbitrator - Erstwhile arbitrator recused stating certain reasons and has since been elevated to the Bench - Respondent failed to appear; postal articles unclaimed and service effected by publication in two widely circulated Kolkata dailies (English and Bengali) and an English newspaper at Mumbai - Minutes of meeting dated January 16, 2025 record respondent's virtual appearance before the erstwhile arbitrator - High Court at Calcutta (Commercial Division, Original Side) disposes of the application by appointing Ms. Noelle Banerjee, learned advocate, as arbitrator - New arbitrator to proceed independently from the stage of recusal; parties to seek handover of documents held by the erstwhile arbitrator - Court expressly did not enter into the merits of the issues raised.

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OCD –9

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ORDER SHEET IN THE HIGH COURT AT CALCUTTA COMMERCIAL DIVISION ORIGINAL SIDE

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AP-COM/127/2025 PRITHWIJEET SETH

ANINDITA DASGUPTA

BEFORE:

The Hon'ble JUSTICE SHAMPA SARKAR Date: 24^th March, 2025.

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Appearance: Mr. Rachit Lakhmani, Adv. Mr. Avishek Das, Adv. Mr. Soubhik Dey, Adv. …for the petitioner

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The Court: 1. Leave was granted by this Court to correct the

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description of the application. The same be carried out here and now.

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2. On the first occasion, none appeared on behalf of the respondent.

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The postal articles remained unclaimed, although intimation was given by the postal department, to the respondent. The affidavit of service indicates that publication in two dailies, widely circulated in Kolkata, one in English and one

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in Bengali and an English newspaper at Mumbai has already been made. The erstwhile learned arbitrator recused, upon mentioning certain reasons. In any event, learned arbitrator has since been elevated. The petitioner prays for appointment of a substitute arbitrator.

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3. The minutes of the meeting held on January 16, 2025, records that the respondent appeared before the erstwhile learned arbitrator, virtually. The grounds for recusal have been elaborated thereunder. The prayer for appointment of a substitute arbitrator must be allowed, for adjudication of the disputes between the parties.

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4. In view of recusal of the learned arbitrator as also in view of the fact that the erstwhile arbitrator has since been elevated to the Bench, this is a fit case for appointment of a substitute arbitrator.

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5. The application is accordingly disposed of by appointing Ms. Noelle Banerjee, learned advocate (M-98366 29919), as the learned arbitrator to arbitrate upon the disputes between the parties.

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6. This Court has not gone into the merits of the issues raised by Mr. Lakhmani, learned advocate for the petitioner.

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7. Learned arbitrator shall proceed independently, from the stage when the erstwhile learned arbitrator recused. Parties shall pray that the documents in possession of His Lordship (erstwhile learned Arbitrator), be handed over to them.

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(SHAMPA SARKAR, J.)

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TR/

Prithwijeet Seth v. Anindita Dasgupta

Case brief

What is this about?

What did the court decide?

Prithwijeet Seth v. Anindita Dasgupta

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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