Authority: Calcutta High Court, Circuit Bench at Jalpaiguri (Civil Appellate Jurisdiction)

Order Date: 16 June 2026

Case Overview

  • Petitioners: Axioma Builders (represented by Mr. Subham Ghosh and Mr. Mayank Roy).
  • Respondent: Sri Uttam Dey.
  • Dispute originates from a Development Agreement dated 21 June 2023, containing an arbitration clause (Article XIII).
  • An arbitration notice under Section 21 of the Arbitration and Conciliation Act, 1996 was served on the respondent on 25 April 2026; service attempt returned as “insufficient address”.
  • The Court held that despite the returned endorsement, effective service was deemed accomplished and proceeded ex parte under Section 11 of the Act.
  • More than one month elapsed without any consent or response from the respondent, satisfying the condition for appointment of an arbitrator.

Final Outcome

  • Mr. Sudipto Kumar Majumder, Senior Advocate, is appointed as the sole arbitrator to resolve the dispute, subject to a declaration under Section 12 of the 1996 Act.
  • The Registry will communicate the order to Mr. Majumder for the required declaration.
  • Remuneration and procedural matters will be governed by the Arbitration Act and its schedules.
  • The application (A.P. 6 of 2026) is disposed of without any order as to costs.
  • Urgent certified copies may be issued upon compliance with formalities.

Topics: Arbitration, Civil Litigation