JUDGMENT :

Prasenjit Biswas, J.

1. As per earlier direction dated 25.11.2022 passed by this court affidavit of service was affected upon the Respondent, despite it has not ventured to appear before this court at the time of hearing.

2. Let the affidavit of service be kept with the record.

3. Ld. Counsel appearing on behalf of the Appellant was present.

4. The instant appeal is preferred by the appellant challenging the impugned order dated 06.07.2022 passed by the Learned Additional District Judge 1st Court, Howrah passed in connection with Other Suit No.22 of 2008.

5. Whereby and where under Arbitral Award dated 16.04.2008 passed by the Arbitrator in connection with Memo No.2857-R/Adt. Dt.29.11.2000 is set aside by the Court below.

6. Mr. Utpal Bose, learned Senior Counsel for the Appellant assailed before us inter alia that the court below has acted illegally and with material irregularity in passing the impugned order and also failed to exercise the jurisdiction vested in him by law while passing the said judgment.

7. Ld. Counsel further submitted that the dispute between the parties is a commercial dispute within the meaning of the Commercial Courts Act, 2015 and the court below did no