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Calcutta High CourtFMAT (ARBAWARD)/46/2025disposed

Dr Amitava Chakravarty @ Dr Amit Chakravarty v. Narayan Basu And ORS

2026-05-12Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

DL-29 12.05.2026 In the High Court at Calcutta Civil Appellate Jurisdiction Appellate Side Court No.37 [Bench ID-266046] (AD) FMAT (ARBAWARD) 46 of 2025 with IA No.: CAN 1 of 2025 Dr. Amitava Chakravarty @ Dr. Amit Chakravarty Vs.

Mr. Narayan Basu & Ors.

Mr. Gopal Chandra Ghosh, Ld. Sr. Advocate Mr. Rajkrishna Mondal, Advocate Mr. Nabakumar Karmakar, Advocate Ms. Suravi Ghosh, Advocate Ms. Sunandana Saha, Advocate ... for the Appellant

1. Appeal is against an order passed under Section 9 of the Arbitration and Conciliation Act, 1996.

2. Court is informed that, by an order dated February 5, 2026, application under Section 11 of the Arbitration and Conciliation Act, 1996 filed at the behest of the respondent was rejected.

3. Since, there is a finding by a Court that, the arbitration agreement did not mature for enforcement, we are of the view that, the impugned order cannot be sustained.

4. Order impugned being No.12 dated July 21, 2025 passed by the learned Additional District Judge, 3rd Court at Barasat, North 24-Parganas in Misc Case No.47 of 2024 (Arbitration) is set aside.

5. FMAT (ARBAWARD) 46 of 2025 and IA No.: CAN 1 of 2025 are disposed of without any order as to costs.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)