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2023 Supreme(Cal) 818

MOUSHUMI BHATTACHARYA
Binoy Trading Co. – Appellant
Versus
Tata Motors Finance Limited – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Shyamal Chakraborty, Mr. Debajyoti Mondal, Ms. Anjana Das, Adv.
For the Respondent: Mr. Rohit Banerjee, Mr. Saubhik Chowdhury, Ms. Tapasika Bose, Advs.

JUDGMENT :

Moushumi Bhattacharya, J.

1. The petitioner/award-debtor has filed the present applications under section 34 of The Arbitration and Conciliation Act, 1996 for setting aside of two awards dated 4.8.2022 and 1.11.2022 passed by the learned sole arbitrator in arbitrations where the petitioner was the respondent. Both the applications involve identical facts. Learned counsel for the respondent in both the applications have argued on the point of maintainability. Hence the applications are being disposed of together.

2. The respondent/award-holder has taken a preliminary point of maintainability of the present applications on sections 2(1)(e) and 42 of the Act of 1996. The respondent says that the present applications should be filed before the Ld. City Civil Court since the petitioner has already filed a miscellaneous application in that Court. Learned counsel appearing for the respondent also takes the point of pecuniary jurisdiction of the High Court and the City Civil Court as determined by a Notification dated 20.3.2020 issued by the Judicial Department of the Government of West Bengal.

3. The brief facts of the case is that the petitioner has suffered an award dated 1.11.20

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