Calcutta High Court
Anand K vs Ugro Capital Limited on 3 August, 2026
OC-87
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
COMMERCIAL DIVISION
ORIGINAL SIDE
AP-COM/263/2026
ANAND K
VS
UGRO CAPITAL LIMITED
BEFORE:
The Hon'ble JUSTICE GAURANG KANTH
Date : 3rd August, 2026.
Appearance:
Ms. R. Ajitha, Adv.
Mr. M.V. Kartik, Adv.
Mr. Samik Sarkar, Adv.
Ms. Pooja Sah, Adv.
...for the petitioner
Mr. Paritosh Sinha, Adv.
Mr. K.K. Pandey, Adv.
Ms. Sonia Nandy, Adv.
...for the respondent
The Court: Affidavit of service is taken on record.
At the outset, learned Counsel for the parties submit that the
Arbitrator appointed in the present proceedings is a unilateral appointment.
In view of the judgment rendered by the Hon’ble Supreme Court in
Bhadra International (India) Pvt. Ltd. v. Airports Authority of India,
reported in 2026 SCC OnLine SC 7, as well as the judgment rendered by
this Hon’ble Court in M/s Cholamandalam Investment and Finance
Company Limited v. Sayan Goswami & Anr., EC (COM) 248/2026,
decided on 15.05.2026, it is now well settled that the unilateral appointment
of an arbitrator is illegal and unsustainable in law.
2
In view of the same, learned Counsel for the parties jointly pray for the
appointment of a Sole Arbitrator by this Court.
Accordingly, with the consent of the parties, this Court appoints Mr.
Raj Ratna Sen, Advocate (Mobile No. 9830057921) as the learned sole
Arbitrator to adjudicate the disputes which have arisen between the parties
out of the facility agreement dated 29.04.2023.
The learned Sole Arbitrator shall enter upon the reference making the
disclosure with Section 12(1) of the Act and subject to the provisions of
Section 12(5) thereof.
The learned sole Arbitrator shall be entitled to fix the remuneration in
accordance with the Fourth Schedule of the Act or as may be mutually
agreed between the parties.
A copy of this order shall be communicated by the petitioner to the
learned sole Arbitrator for necessary action.
With the aforesaid directions, the present petition stands disposed of.
(GAURANG KANTH, J.)
R.Bhar
