Shamim Alam And ANR. v. Shriram Finance Ltd.

03.09.2025 Item No.25 CALCUTTA HIGH COURT Court No.01 In The Circuit Bench at Jalpaiguri Nandita Appellate Side FMAT (ARBAWARD) 5 of 2025 With CAN 1 of 2025 With CAN 2 0f 2025 Shamim Alam & Anr.

-VS- Shriram Finance Ltd.

Ms. Matan Chakraborty ......for the Appellants Mr. Sourav Guha Thakurata, (V.C) ...for the Respondent The petitioner has challenged an interim order passed by the sole arbitrator. The petitioner contends that the order is vitiated as unilateral appointment of the arbitrator goes to the very root of the order. It is further submitted that there has been a delay in filing the appeal on the ground that the appellant was not informed about the arbitral proceedings.

We are of the view that this appeal is not maintainable under Section 37 of the Arbitration and Conciliation Act, 1996 before the Division Bench. This is not the Court authorized by law to hear appeals from the order of the arbitral tribunal.

Accordingly, the appeal being FMAT (ARBAWARD) 5 of 2025 and all connected applications stand dismissed.

This order will not preclude the appellant from taking recourse before the appropriate forum, in accordance with law.

(SHAMPA SARKAR, J.) (PRASENJIT BISWAS, J.)