STATE OF WEST BENGAL Vs. SARKAR & SARKAR

JUDGEMENT

(1.) The question, that arises for consideration, truly emerges from two orders passed by the High Court at Calcutta (hereinafter referred to as the "High Court"), dated 24.5.2002, and 26.9.2002. The order dated 24.5.2002 is reproduced below :

(2.) Likewise, the order dated 26.9.2002, is extracted below :

(3.) A collective perusal of the aforesaid orders, leads to the clear and unambiguous conclusion, that Justice (Retired) S.S. Ganguly, came to be appointed as an arbitrator, by the High Court, in exercise of its powers under Sec. 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the "Arbitration Act"). Additionally, it emerges, from the above orders, that learned counsel appearing for the State of West Bengal sought liberty from the High Court, to raise a counter-claim, before the arbitrator. In furtherance of the said prayer, learned counsel for the respondent-Sarkar & Sarkar accepted before the High Court, that it would be open to the State of West Bengal to prefer a counter-claim.