M/S. Jai Matadi Incorporation (P) Ltd. v. Dr. Pauls Multispeciality Clinic

o 3

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE AP/6/2025 M/S. JAI MATADI INCORPORATION (P) LTD.

VS DR. PAULS MULTISPECIALITY CLINIC

BEFORE:

The Hon'ble JUSTICE SHAMPA SARKAR Date : April 7, 2025 Mr. Swaraj Shaw, Adv.

Mr. Nishant Shukla, Adv.

Mr. Rabindra Mitra, Adv. ...for respondent.

The Court:- None appears in support of the application despite service.

This is an application under section 34 of the Arbitration and Conciliation Act, 1996, A decision dated October 2, 2024, by which the application challenging the maintainability/jurisdiction of the arbitral Tribunal was dismissed, is impugned. It is an order passed under Section 16 of the said Act.

In my, prima facie, opinion, this order cannot be challenged before this court under section 34 of the Arbitration and Conciliation Act, 1996 until the proceedings are concluded.

In any event, as the applicant/petitioner is not before the court, the matter is dismissed for default.

The learned advocate for the respondent is before the court and the arbitral proceeding will continue.

(SHAMPA SARKAR, J.) pkd/GH