Judgment · High Court · 2024

Appearance: Mr. Shounak Mukhopadhyay, Adv. Mr. Paritosh Sinha, Adv. Mr. Shrayashee Das, Adv. Mr. HImanshu Bhawsinghka, Adv. …for the petitioner Mr. Rachit Lakhmani, Adv. Mr. Mrigank Kejriwal, Adv. …for the respondent Mr. Pourush Bandopadhyay, Adv. ..for Solvex Properties The Court: Learned counsel for the parties contend that upon deliberations, the parties have agreed to a composite reference to a single Arbitrator in respect of four different agreements. Accordingly, AP-COM/722/2024 and AP-COM/723/2024 are disposed of on consent, thereby appointing Mr. Probal Mukherjee, Senior 2 Advocate (Mob No.9830090750) as the sole Arbitrator to resolve the disputes between the parties, subject to a declaration under Section 12 of the Arbitration and Conciliation Act, 1996 being obtained from the said learned Arbitrator. The said composite reference shall be in respect of the following agreements: (i) Lease deed dated January 17, 2023 (for ground floor covered space admeasuring about 3391 square feet expanding across the “Celica Park Building” and “Anuj Chambers”) executed between Celica Developers Private Limited and CLP Business LLP. (ii) Lease deed dated January 17, 2023 (for first floor space admeasuring about 1644 square feet covered area along with a portion of the open terrace admeasuring about 2445 square feet collectively measuring about 4089 square feet covered area in “Celica Park Building”) executed between Celica Developers Private Limited and V and RO Hospitality Private Limited. (iii) Maintenance and management agreement dated January 17, 2023 (for ground floor covered space admeasuring about 3391 square feet expanding across the “Celica Park Building” and “Anuj Chambers”) executed between Solvex Properties & Services Private Limited and V and RO Hospitality Private Limited. (iv) Maintenance and management agreement dated January 17, 2023 (for first floor space admeasuring about 1644 square feet 3 covered area along with a portion of the open terrace admeasuring about 2445 square feet in “Celica Park Building”) executed between Solvex Properties & Services Private Limited and V and RO Hospitality Private Limited. The learned Arbitrator shall fix his own remuneration in consultation with the parties and within the confines of the 1996 Act, read with its Fourth Schedule. It is made clear that all issues between the parties shall be decided independently by the learned Arbitrator and this Court, sitting in Section 11 jurisdiction, has not entered into or touched upon the merits of the matter at all. It is further made clear that although Solvex Properties & Services Private Limited is not a party to the present applications, the said entity is represented through counsel before this Court when the above order is passed and fully agrees to the above order. Leave is granted to the learned advocate for the respondent to file affidavits-in-opposition in both the matters after getting the same affirmed in appropriate format during the course of the day. In view of the above consent order, it is deemed that none of the allegations made in the opposition are admitted by the petitioner. (SABYASACHI BHATTACHARYYA, J.) bp/R.Bhar