LAWS(CAL)-2023-2-151

MANIKANKANA SAHA Vs. LEELA DEVI KASERA

Decided On February 28, 2023
Manikankana Saha Appellant
V/S
Leela Devi Kasera Respondents

JUDGEMENT

(1.) The present application has been filed by Manikankana Saha, sole proprietoress of 'M/s Quality Foods' (hereinafter referred to as the 'petitioner'), under Sec. 14(2) read with Sec. 14(1)(a) and with Ss. 12(1)(a) & 12(5) of the Arbitration & Conciliation Act,1996 (hereinafter referred to as 'the Act').

(2.) The petitioner seeks, inter alia, termination of the mandate of the named arbitrator Mr. Rajesh Lihala, on the ground that he is de jure and/or de facto unable to perform his functions.

(3.) The parties had entered into two agreements, viz., Leave and License Agreement and Service Agreement dated September 01, 2018, for the premises at 6, Russell Street, Kolkata - 700072 which is owned by the respondent/licensor Leela Devi Kasera, sole proprietoress of 'M/s Govindam'.