IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION

APPELLATE SIDE

Before:

The Hon’ble Justice Hiranmay Bhattacharyya

C.O. 2178 of 2024

With

CAN 1 of 2025

Kommoners Club & Hospitality Pvt. Ltd.

VS.

Pecon Software Limited

For the Petitioner : Mr. Saptansu Basu, Sr. Adv.

Mr. K.N. Jana

Mr. Vishwarup Acharyya

….. advocates

For the Opposite Party : Mr. Ratnanko Banerjee, Sr. Adv.

Ms. Bani Ghosh

Mr. Jayanta Sengupta

Mr. S.K. Kanodia

…… advocates

Reserved on : 26.09.2025 Judgment on : 05.12.2025

Hiranmay Bhattacharyya, J.:-

1. This application under Article 227 of the Constitution of India is at the

instance of the Buyer Unit praying for a declaration that the award dated December 21, 2023 passed by the West Bengal State Micro, Small Enterprise Facilitation Council (for short “the Facilitation Council”) under

Section 31 of the Arbitration and Conciliation Act 1996 is nullity and for setting aside the said award.

2. By an indenture of lease dated May 22, 2018 the opposite party granted a lease in favour of the petitioner in respect of an area measuring about 3815 Sq. Ft. situated at the first floor of the building along with storage space on the mezzanine floor with two car parking spaces in the said buil