Take notes as you read a judgment using our Virtual Legal Assistant and get email alerts whenever a new judgment matches your query (Query Alert Service). Try out our Premium Member services -- Free for one month.\n\nCalcutta High Court\n(India) Property Services ... vs Masterly Commercial on 24 April, 2023OD-8\n\n                       IN THE HIGH COURT AT CALCUTTA\n                        Ordinary Original Civil Jurisdiction\n                                 ORIGINAL SIDE\n\n                                   AP/88/2023\n\n                          COLLIERS INTERNATIONAL\n                (INDIA) PROPERTY SERVICES PRIVATE LIMITED\n                                    VS\n                           MASTERLY COMMERCIAL\n                   FACILITY MAINTENANCE PRIVATE LIMITED\n\nBEFORE:\nThe Hon'ble JUSTICE SABYASACHI BHATTACHARYYA\nDate : 24th April, 2023\n\n                                                                           Appearance:\n                                                           Mr. Kumarjit Banjernee, Adv.\n                                                        Ms. Sanchari Chakraborty, Adv.\n                                                         Ms. Akansha Chowdhury, Adv.\n                                                        Ms. Abhishikta Choudhury, Adv.\n                                                                     ...for the petitioner\n\n                                                               Ms. Vedika Sureka, Adv.\n                                                                   ...for the respondent\n       The Court:- Learned counsel for the petitioner points out to the arbitration\n\nclause contained in the property management service agreement between the\n\nparties dated June 9, 2020. It is clear from the said clause, that is, Clause 13 of\n\nthe agreement that the same provides for arbitration in case of any dispute\n\narising out of or in connection with the agreement and any other document to be\n\nexecuted in connection therewith, including any question regarding its existence,\n\nvalidity or termination.\n\n       The invocation notice is also annexed at page 52 of the writ petition. It is\n\nevident from the said invocation notice dated October 20, 2022 and the reply\n\nthereto that the pre-conditions for invocation of Section 11 of the Arbitration and\n\nConciliation Act, 1996 have been satisfied. Since the dispute is inherently\n                                          2\n\narbitrable and falls within the purview of the arbitration clause, as indicated\n\nabove, there is no bar in appointing an arbitrator.\n\n        In as much as the opposition of the respondent is concerned, the same is\n\nprimarily related to the merits of the contentions of the party relating to the\n\ndispute itself and will be decided by the arbitrator, as and when appointed.\n\n        Accordingly, AP/88/2023 is allowed, thereby appointing Mr. Tanmay\n\nMukherjee (Mob. No: 9874218610), an Advocate practising in this Court and a\n\nmember of the Bar Association as the sole arbitrator to resolve the disputes\n\nbetween the parties, subject to obtaining his declaration/consent under Section\n\n12 of the Arbitration and Conciliation Act, 1996.\n\n\n                                             (SABYASACHI BHATTACHARYYA, J.)\n\nS.Bag