Form No. J(2)

IN THE HIGH COURT AT CALCUTTA Civil Revisional Jurisdiction Appellate Side Present :

The Hon’ble Justice Hiranmay Bhattacharyy C.O. 1759 of 2024 M/s. Soumita Realty and Infrastructure Pvt. Ltd.

-Versus-

Atanu Mondal & Ors.

For the petitioner : Mr. Arijit Bardhan Ms. Soumyajit Mishra Ms. Gourab Mondal For the Opposite parties : Mr. Partha Pratim Roy Mr. Nemai Chandra Betal Heard On: : 02.08.2025 Judgment On: : 02.08.2025.

Hiranmay Bhattacharyya, J.

1. Affidavit of service filed in Court today is taken on record.

2. This application under Article 227 of the Constitution of India is at the instance of an applicant under Section 34 of the Arbitration and Conciliation Act, 1996 and is directed against an order dated June 13, 2023 passed by the learned Additional District Judge, Fast Track, 5^th Court, Barasat, North 24 Parganas in Miscellaneous Case No. 24 of 2022 (Arb).

3. By the order impugned the said miscellaneous case was held to be not maintainable before that court and it was further held that the same ought to have been filed before the learned Commercial Court.

4. The petitioner and the opposite parties herein entered into a development agreement for the purpose of developin