M/S Sri Sakthi Corporation v. The Port Blair Municipal Council And ANR

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** FMA/1/2026 IA No.CAN/1/2026 M/s Sri Sakthi Corporation Vs.

The Port Blair Municipal Council and another Ms. Anjili Nag, Sr.Adv.

Ms. Sohini Biswas ... for the appellant Mr. Rakesh Kumar ... for the respondents January 15, 2026 [SR] Item No.5 This is an appeal under section 37 of the Arbitration and Conciliation Act, 1996 (in short 1996 Act).

The appeal arises out of an order passed in O.S.No.1 of 2026 by the learned District Judge in an application under section 9 of the 1996 Act.

The appellant had moved the said application ex parte. After filing of the appeal, the respondents in the application under section 9 of the 1996 Act, being the respondents in the instant appeal, has appeared and entered appearance through an advocate.

In the aforesaid facts and circumstances, the learned advocate for the appellant, on instructions, submits that the appellant is desirous to withdraw the appeal. We cannot stand in the way of the party withdrawing the appeal. However, on considering the object of the 1996 Act and the supremacy of the party autonomy, we are inclined to give directions for filing

affidavits before the trial court for hearing of the applications under section 9 of the 1996 Act.

Let affidavit-in-opposition be filed by the respondents by 6th February, 2026. Reply thereto, if any, be filed by 20th February, 2026.

Let the section 9 application under 1996 Act be fixed on 25th February, 2026 before the learned District Judge, subject to his convenience.

Let the parties communicate this order to the Court of learned District Judge by 20th February, 2026. The appeal and the connected application are disposed of with the aforesaid directions.

(Arindam Mukherjee, J.) (Dinesh Kumar Sharma, J.)