In the High Court at Calcutta

Civil Appellate Jurisdiction

Appellate Side

The Hon’ble Justice Sabyasachi Bhattacharyya

And

The Hon’ble Justice Supratim Bhattacharya

FMA 1738 of 2025

with

CAN 1 of 2025

SIDDHARTA CHANDRA

VS.

SK. ABUL KASEM & ORS

For the appellant : Mr. Sukumar Bhattacharyya

Ms. Oindrilla Chatterjee

Ms. Puja Sonkar

Ms. Subhangi Bhattacharyya

For the respondent : Mr. Anindya Halder

Mr. Sk. Zubair Ahmed

Mr. Rasidul Islam Molla

Heard on : 13.01.2026 Judgment on : 13.01.2026

Sabyasachi Bhattacharyya, J.:-

1. In view of arguable questions of fact and law being involved, FMA

1738 of 2025 is admitted to be heard on the grounds taken in the

memorandum of appeal.

2. It is argued by learned counsel for the appellant that the Civil Court

which passed the impugned order under Section 9 of the Arbitration and Conciliation Act, 1996 did not have jurisdiction, since the dispute

between the parties, as per the averments made in the Section 9 application itself, comes within the ambit of “commercial dispute” as envisaged in the Commercial Courts Act, 2015.

3. It is further contended that to the knowledge of the appellant, no steps have been taken by the petitioner/respondent no.1 for reference to arbitration d