Yasmin Khalique And Ors vs Mukhtar Alam
2025 Latest Caselaw 792 Cal/2

Calcutta High Court

Yasmin Khalique And Ors vs Mukhtar Alam on 2 August, 2025

Author: Soumen Sen

Bench: Soumen Sen

OD-3

                        IN THE HIGH COURT AT CALCUTTA
                           Commercial Appellate Division
                              (Commercial Division)
                                 ORIGINAL SIDE

                             IA NO. GA-COM/2/2025
                                      WITH
                                AP-COM/677/2024
                               In AO-COM/24/2024

                           YASMIN KHALIQUE AND ORS.
                                      Vs
                                MUKHTAR ALAM

BEFORE:
The Hon'ble JUSTICE SOUMEN SEN
       And
The Hon'ble JUSTICE BISWAROOP CHOWDHURY
Date : 2nd August, 2025


                                                                         Appearance:
                                                         Mr. Ahin Choudhury, Sr. Adv.
                                                               Mr. Sohail haque, Adv.
                                                                Mr. M.I.A. Ladhi, Adv.
                                                              Ms. Musarrat Saba, Adv.
                                                                  ...for the appellants.

                                                                Mr. Ishaan Saha, Adv.
                                                       Mr. Tarique Quasimuddin, Adv.
                                                              Mrs. Zainab Tahur, Adv.
                                                                 ...for the respondent.

1. This is an application seeking clarification of the judgment and order

passed on 13th February, 2025. The basis of the application appears to be

that by reason of the order dated 13th February, 2025, whereby the order

of the learned Single Judge was set aside, the Arbitrator is reopening the

entire issue.

2. In paragraph 24 of the order dated 13th February, 2025, we have made it

clear that the award insofar as the date of dissolution is concerned

appears to be final and thereafter passed certain directions. One of the

grounds for which we set aside the order of learned Single Judge was that

it was an appealable order and at that stage the decision of the arbitrator

cannot be construed as an award. If the Arbitrator has travelled beyond

its jurisdiction, it could be a ground for challenging the award.

3. On such consideration, we do not feel any clarification of the order dated

13th February, 2025 is required as we have clearly stated whatever we

have to say in allowing the appeal and setting aside the order of the

learned Single Judge.

4. Accordingly, the application being IA No.GA-COM/2/2025 stands disposed

of.

5. Since no affidavits have been filed, the allegations contained therein are

deemed to have been denied.

(SOUMEN SEN, J.)

(BISWAROOP CHOWDHURY, J.)

s.pal/s.bag