Bajaj Housing Finance Limited v. Prospect Pharmaceuticals Private Limited And ORS

OCD-4 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

ORIGINAL SIDE (Commercial Division) AP-COM/926/2025 BAJAJ HOUSING FINANCE LIMITED VS PROSPECT PHARMACEUTICALS PRIVATE LIMITED AND ORS

BEFORE:

The Hon'ble JUSTICE GAURANG KANTH Date : 10th December, 2025.

Appearance Mr. Sounak Bhattacharya, Adv.

Mr. Shibnath Bhattacharya, Adv.

Mr. Sariful Haque, Adv.

Mr. Abhishek Bhattacharya, Adv.

Ms. Bipasha Bhattacharyya, Adv.

...for the petitioner Mr. Diptomoy Talukder, Adv.

Mr. Shakti Chattopadhyay, Adv.

Mr. T. Talukder, Adv.

...for the respondent The Court: Learned Counsel for the petitioner states that since the arbitral tribunal has now been constituted, he prays that this application under Section 9 of the Arbitration and Conciliation Act, 1996, be treated as an application under Section 17 before the learned sole Arbitrator. He further submits that this application was filed on 27th November, 2025 and that the petitioner was intimated about the constitution of the arbitral tribunal only by an email dated 4th December, 2025. In view of the said development, learned Counsel for the petitioner reiterates that the present application under Section 9 can be treated as an application under Section 17 before the arbitral tribunal.

Accordingly, this Court directs the learned sole Arbitrator to treat the present application filed under Section 9 as an application under Section 17 and to pass appropriate orders in accordance with law. With the above directions, the present application is disposed of. (GAURANG KANTH, J.) R.Bhar