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CALCUTTA HIGH COURT
Om Narayan Rai, Arijit Banerjee, JJ
Biswakarma Machinery Pvt. Ltd. – Appellant
Versus
M/s Advance Machine Tools – Respondent
| Table of Content |
|---|
| 1. facts regarding the arbitration challenge and settlement. (Para 2 , 3) |
| 2. arguments on dismissal based on partial compliance. (Para 4) |
| 3. observations on compliance rights and court’s duty. (Para 5 , 6) |
| 4. judicial reasoning on the necessity of procedural fairness. (Para 7) |
| 5. concluding remarks and order for a fresh decision. (Para 8 , 9 , 10) |
| 6. instructions for expedited disposal. (Para 11) |
Dictated by Om Narayan Rai, J.
1. By consent of the parties, the appeal and connected application are taken up together for hearing.
2. This appeal is directed against an order dated June 10, 2024, passed by the learned Chief Judge, City Civil Court, Calcutta on an application under Order VI Rule 17 read with Sections 151 and 153 of the Code of Civil Procedure, 1908 , for amendment of an application under Section 34 of the Arbitration and Conciliation Act, 1996 (hereafter the said Act of 1996). By the order impugned, the appellant’s application under Section 34 of the said Act of 1996 which was registered as Misc. Case No. 6526 of 2022 has been dismissed.
3. It is the appellant’s case that the appellant before us had approached the said learned Court assailing an award passed by t
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