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2022 Supreme(Cal) 400

PRAKASH SHRIVASTAVA
Jatin Satik – Appellant
Versus
Sanchita Bera – Respondent


Advocates appeared:
Ms. Sreetama Neogi, Mr. Joydeep Chatterjee, Mr. Dipta Dipak Banerjee, Advocates for the applicant, for the Appellant; Mr. P. Gupta, Mr. Pijush Biswas, Ms. Mandeep Kaur, Advocates for the respondent

JUDGMENT

Prakash Shrivastava, CJ. - This application under Section 11(6) of the Arbitration and Conciliation Act, 1996 has been filed by the applicant for appointment of arbitrator to resolve dispute between the parties.

2. The plea taken in the application is that on 21.05.2014 the applicant had entered into an agreement with the respondent for purchase of a flat and out of the total consideration of Rs. 26,00,000/-, the applicant had paid the part consideration of Rs.13,50,000/-, thereafter dispute had arisen between the parties, therefore, applicant had moved to the competent Court for interim protection in terms of the Section 9 of the Act being Misc. Case 143 of 2015 (Arb) and by order dated 03.06.2015 the competent Court had granted the interim protection which was extended from time to time and finally the interim order was vacated and the application under Section 9 was disposed of by order dated 15.02.2022. Applicant had sent the notice for appointment of arbitrator to the respondent on 08.02.2018 which was replied by the Counsel for the respondent on 16.02.2018 suggesting the names of two arbitrators. Since there was no consensus about the arbitrators, therefore, this appli

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