Authority: Calcutta High Court, Commercial Division
Order Date: 17 July 2026
Case Overview
- Parties: Petitioner Shri Sanjay Kumar Agarwal; Respondents Prit Vihar Co‑operative Housing Society Ltd and others.
- The petition was filed under Section 9 of the Arbitration and Conciliation Act, 1996 seeking interim orders related to a construction contract for a project located at Premises No. 93‑2222, Plot No. DC‑203, Action Area I, New Town, Kolkata.
- Counsel for both sides agreed that an arbitrator could be appointed to adjudicate the disputes.
- The Court considered the applicability of Sections 12(5), 9 and 17 of the Arbitration Act.
Final Outcome
- The Court, with consent of the parties, appointed Mr. Mainak Bose, Senior Advocate (Mobile No. 9432512323), as the learned sole arbitrator.
- The appointment is subject to compliance with Section 12(5) of the Arbitration and Conciliation Act, 1996.
- The arbitrator may fix his remuneration in accordance with the Fourth Schedule of the Act or as mutually agreed by the parties.
- The petition under Section 9 is treated as an application under Section 17 before the arbitrator, who will decide on merits, including arbitrability, admissibility, limitation, and jurisdiction issues.
- The order is to be communicated by the petitioner to the arbitrator, and with these directions the petition stands disposed, allowing parties to act on the server copy of the order.
Topics: Arbitration, Construction Dispute