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IN THE HIGH COURT AT CALCUTTA
DEBANGSU BASAK, MD.SHABBAR RASHIDI
Bharat Heavy Electricals Ltd Electronics Div – Appellant
Versus
Optimal Power Synergy India Pvt Ltd – Respondent
JUDGMENT :
DEBANGSU BASAK, J.
1. Two appeals are taken up for hearing analogously as the issues involved are same.
2. Appeal is under Section 37 of the Arbitration and Conciliation Act, 1996 and directed against the judgment and order dated May 23, 2022.
3. Learned Senior Advocate appearing for the appellant submits that, the subject matter of the disputes referred to arbitration which culminated into the award dated September 24, 2019 and the application under Section 34 of the Act of 1996 which resulted in the impugned judgment and order, is a commercial dispute within the meaning of the Commercial Courts Act, 2015. He submits that, the impugned judgment and order was passed by a Court when, such Court was not designated as a Commercial Division, under Section 4(2) of the Act of 2015.
4. Learned Senior Advocate appearing for the appellant relies upon a decision dated January 29, 2026 passed in APO/93/2020 (State of West Bengal Vs. Pam Development Pvt. Ltd.), 2026:CHC- OS:15-DB (Tractel Tirfor India Pvt. Ltd. Vs. Tractel International S.A.S) and 2026:CHC-OS:120-DB (Starlift Services Private Limited Vs. Syama Prasad Mookerjee Port, Kolkata) and submits that, in view of the pronouncement
The jurisdiction of courts over arbitration applications must adhere to specified pecuniary thresholds established by law, and errors in this regard can invalidate decisions.
Jurisdiction of Commercial Courts – All applications or appeals arising out of arbitration under provisions of Arbitration and Conciliation Act, 1996, other than international commercial arbitration,....
The main legal point established in the judgment is the determination of the pecuniary jurisdiction of the courts to entertain objections under Section 34 of the Arbitration and Conciliation Act, 199....
The main legal point established in the judgment is the jurisdiction and classification of cases for challenges to International Commercial Arbitration Awards under Section 34 of the Arbitration and ....
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