Joint Venture of Proton Enviro Solutions Private Limited Vs Agartala Municipal Corporation

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ARB P NO.07 of 2017

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BEFORE

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THE HON’BLE THE CHIEF JUSTICE MR. T. VAIPHEI

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Present:

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For the petitioner : Mr. A. Bhowmik, Advocate. For the respondent : Mr. K.K. Pal, Advocate. 01.09.2017.

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Mr. K.K. Pal, the learned counsel for the respondent has prayed for granting the respondent further time to file additional affidavit in reply to the rejoinder affidavit filed by the petitioner. In this case, the inquiry is confined to the appointment of an Arbitrator and has nothing to do with the merit of the case. I don’t see how further affidavit will help this Court in any manner in appointment of an Arbitrator.

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Consequently, the prayer for filing additional affidavit is rejected.

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Heard Mr. A. Bhowmik, the learned counsel for the petitioner. Also heard Mr. K.K. Pal, the learned counsel for the respondent.

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The application is for appointing an Arbitrator to decide the dispute arising out of the agreement dated 22-01-2013 for execution of Scientific Municipal Solid Waste Management System Project. As the dispute has arisen between the parties, I do not find any legal impediment in appointing an Arbitrator to decide the dispute. As Mr. Sankar Deb, the learned senior counsel has no objection, after considering the objection of the learned counsel for the respondent, I nominate Mr. Sankar Deb, the learned senior counsel as the Arbitrator in this case to decide the dispute. The fees payable to him will be fixed by the parties in a tripartite agreement in accordance with the Fourth Schedule to the Arbitration and Conciliation Act, 1996 as amended in 2015.

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An attempt will be made by the Arbitrator to dispose of the arbitration proceedings within 9(nine) months from today. The petition is disposed of.

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Dipesh

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CHIEF JUSTICE

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ARB P NO.07 of 2017

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Joint Venture of Proton Enviro Solutions Private Limited v. Agartala Municipal Corporation

Case brief

What is this about?

What did the court decide?

Joint Venture of Proton Enviro Solutions Private Limited v. Agartala Municipal Corporation

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

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