O 23 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE AP/43/2025 SAMIR BHATTACHARYA & ANR.

VS IPSITA SARKAR BEFORE:

The Hon'ble JUSTICE SHAMPA SARKAR Date : 21st April, 2025 Appearance:

Mr. Aditya Mondal, Adv.

Ms. Rupsa Sreemani, Adv. …for petitioners.

Mr. Shyamal Chakraborty, Adv.

Mr. Debajyoti Mondal, Adv.

Mr. Palash Goswami, Adv. …for respondent.

1. This is an application for appointment of a learned Arbitrator in terms of the arbitration clause, being clause 24 of the Partnership Agreement. It appears that the parties had agreed that all disputes and differences shall be referred to a sole arbitrator to be appointed by the parties. In case of disagreement over the arbitrator, the arbitrator would be appointed in terms of the provisions of the Arbitration and Conciliation Act, 1996.

2. The petitioners have approached this court on failure of a consensus amongst the parties/partners to appoint an arbitrator to adjudicate the disputes and differences which have cropped up between them.

3. Mr. Chakraborty, learned advocate for the respondent submits that the terms and conditions of the said partnership deed do not indicate that the same was in effect a partner