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Calcutta High CourtCO/78/2023dismissed

Dr.Nitin Naik v. Babu Nanda Mishra And ORS

2023-08-30Hon'Ble Justice Siddhartha Roy Chowdhury1 pages

30.08.2023 sl No.66 Court No.3 sk Circuit Bench of Calcutta High Court At Jalpaiguri CO 78 of 2023 In the matter of : Dr. Nitin Naik Mr. Amit Sinha ...for the petitioner.

Mr. Anindya Basu Dr. Navin Barik Ms. Esha Acharya ...For the O.P.

Heard Mr. Sinha, learned counsel for the petitioner and Mr. Anindya Basu, learned counsel representing the opposite party.

This application under Article 227 of the Constitution of India is a manifestation of the displeasure of the petitioner over the order impugned passed by the learned District Judge, Darjeeling in a proceeding under Section 34 of the Arbitration and Conciliation Act, 1996.

From the attending facts of the case, it is admitted that the order impugned was passed in a proceeding under Section 34 of the Act and Section 37 of the Arbitration and Conciliation Act, 1996 says that an appeal is a proper remedy.

Therefore, I do not find any reason to invoke the jurisdiction conferred under Article of the Constitution of India.

The revisional application is not admitted and stands dismissed.

(Siddhartha Roy Chowdhury,J)