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2023 Supreme(Cal) 182

BIVAS PATTANAYAK
M. D. Creations – Appellant
Versus
Ashok Kumar Gupta – Respondent


Advocates Appeared:
For the Petitioners: Mr. Rahul Karmakar, Mr. S.K. Podder, Mr. Sounak Mukherjee.
For the Opposite Party : Mr. Farhan Gaffar, Ms. Sagufta Saba Yasmin, Mr. Pathik Bandhu Banerjee.

JUDGMENT :

Bivas Pattanayak, J. :

1. This revisional application is filed under Article 227 of the Constitution of India challenging order dated 2 August 2022 passed by sole arbitrator in Ashok Kumar Gupta versus M.D creations and others (arising out of AP No. 320 of 2021) dismissing the prayer of the petitioner under Section 16 of the Arbitration and Conciliation Act, 1996.

2. The brief fact of the case is that the opposite party-claimant is the owner in respect of a commercial space being shop No.4 lying and situated within premises No. 28/2, Shakespeare Sarani, Kolkata -700017 measuring more or less 600 Sq ft. The petitioner no.2 and 3 carries a partnership business of ready-made garments and accessories under the name and style of M.D. Creations (Petitioner no.1). The petitioners where inducted by the opposite party-claimant in the aforesaid premises for carrying on their business of ready-made garments under a leave and license agreement which was renewed from time to time since 30th May 2016 and lastly renewed on 27th June 2019. Invoking the arbitration clause in the agreement dated 27th June 2019, the opposite party filed an application under Section 11 of the Arbitration and C

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