Amit Guha Roy vs Amlan Chowdhury & Anr
2021 Latest Caselaw 4186 Cal

   17.
09.08.2021

mb

In the High Court at Calcutta Civil Jurisdiction Appellate Side

C.O. No. 552 of 2021 with IA No. C.A.N. 1 of 2021

(Via video conference)

Amit Guha Roy

-Vs.-

Amlan Chowdhury & Anr.

Mr. Animesh Paul, Ms. Fatima Hassan ...for the petitioner

Mr. Pankaj Agarwal ... for the opposite parties

Learned counsel for the petitioner contends

that the court below acted without jurisdiction in

relegating the matter to a commercial court, since

the dispute concerning the application under

Section 9 of the Arbitration and Conciliation Act,

1996, in connection with which an order was

passed, pertains to a claim of Rs.17,90,000/- by

way of security, apart from other claims. It is

argued that, thus, the application under Section

9 itself does not arise out of a dispute coming

within the purview of the expression "commercial

dispute", as defined in the Commercial Court Act,

2015.

Learned counsel appearing for the opposite

parties, in controverting such submission,

submits that since the parent dispute, which

would be the subject matter of arbitration,

encompasses a claim of more than Rs.

35,00,000/-, which falls within the jurisdiction of

the commercial court to decide, the portion of the

impugned order, whereby the matter was

transferred to the commercial court, was justified.

Heard both sides.

Judgment is reserved in the matter.

(Sabyasachi Bhattacharyya, J.)