RMS POWER SOLUTIONS PRIVATE LIMITED v. UNION OF INDIA
Court: Calcutta High Court
Bench: HON'BLE JUSTICE SOUMEN SEN,HON'BLE JUSTICE BISWAROOP CHOWDHURY
Judgment date:
Case summary
Calcutta High Court judgment dated 2024-12-18. RMS POWER SOLUTIONS PRIVATE LIMITED v. UNION OF INDIA. Read the judgment and case details on LawSphereX.
Judgment text
OCD-3 AO-COM/16/2024 WITH AP/372/2024 IA NO: GA-COM/2/2024 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE (Commercial Division) RMS POWER SOLUTIONS PRIVATE LIMITED VS UNION OF INDIA BEFORE: The Hon’ble JUSTICE SOUMEN SEN AND The Hon’ble JUSTICE BISWAROOP CHOWDHURY th Date : 18 December, 2024. Appearance: Mr. Suddhasatva Banerjee, Adv. Mr. Shounak Sengupta, Adv. Mr. Varun Kothari, Adv. Mr. A. Choudhry, Adv. Ms. U. Bagree, Adv. ... for the appellant Mr. Sanajit Kumar Ghosh, Adv . Mr. Subit Majumdar, Adv. ... for the respondent 1. In terms of the earlier order, Mr. Binay Kumar Soren, Dy. Chief Materials Manager/S&T/ER is present with the required instructions. 2. During the hearing of this matter, the Railway authorities have drawn th out attention to a communication dated 29 July, 2024 from the appellant to the Railway authorities for appointment of any retired officials as an Arbitrator at the earliest. 3.
Learned counsel for the Railways submits that in view of such communication, the petitioner has waived its right under Section 12(5) of the Arbitration and Conciliation Act and in this regard has drawn our attention to paragraph no. 2905(b) of the circular of the th Ministry of Railways, Railway Board dated 12 December, 2018. 4. Learned counsel for the appellant submits that in view of such communication, the Court may appoint any of the persons named by th the Railway authorities in its communication dated 29 July, 2024. 5. Accordingly, by consent of the parties, Shri Goutam Banerjee, retired GM/SECR is appointed as an Arbitrator. 6. It is made clear that no disclosure statement is required to be filed by the GM in the facts and circumstances of the case as the appointment of the said Arbitrator is by the consent of the parties. 7. The remuneration, costs, charges and expenses of the Arbitrator shall be borne by the parties in equal measure. th 8.
The interim order passed on 25 November, 2024 shall continue for a period of three months with liberty to the appellant to apply afresh during the aforesaid period for a fresh interim order in which case the learned Arbitrator shall decide the matter uninfluenced by any observation made by this Court in the proceeding initiated under Section 9 of the Arbitration and Conciliation Act, 1996. 9. The appeal and the application are disposed of. th 10. The letter dated 29 July, 2024 is taken on record. (SOUMEN SEN, J. ) (BISWAROOP CHOWDHURY, J. ) bp. /R. Bhar
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