Smriti Dalmia v. Sarat Agarwal And ANR

OD-12 ORDER SHEET AP/657/2023

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE SMRITI DALMIA

Versus

SARAT AGARWAL AND ANR.

BEFORE:

The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA Date : 21st September, 2023.

Appearance:

Mr. Zubeen Pandey, Adv.

...for the petitioner Mr. Sarosij Dasgupta, Adv.

Mr. Sushovit Dutta Majumder, Adv.

Mr. Arham Kothari, Adv.

...for the respondent no.1 The Court: The application filed by the petitioner under Section 9 of the 1996 Act in the Commercial Division was dismissed as withdrawn with liberty to file afresh before an appropriate Court by an order dated 20th September, 2023.

The prayer for withdrawal was made on the basis that this Court lacks jurisdiction to proceed with the Section 9 application. The advocate-on-record of the petitioner accordingly prays for withdrawal of the present arbitration petition on the same ground. AP/657/2023 is accordingly dismissed as withdrawn with liberty to file afresh before the appropriate Court.

(MOUSHUMI BHATTACHARYA, J.) bp.