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2026 Supreme(Online)(Cal) 431

CALCUTTA HIGH COURT
Sabyasachi Bhattacharyya, Supratim Bhattacharya, JJ
C & E Limited and Others – Appellant
Versus
Feather Touch Limited and Others – Respondent


Advocates:
For the Appellants/Petitioners: Mr. S. N. Mookherjee, Sr. Adv., Mr. Dhrubo Ghosh, Sr. Adv., Mr. Rajarshi Dutta, Mr. Rahul Poddar, Mr. Yash Singhi, Mr. Ajeya Choudhury, Mr. Arindam Halder, Mr. Sarbesh Choudhury
For the Respondents: Mr. Dhruv Dewan, Mr. Sandip Agarwal, Mr. Abhishek Swaroop, Mrs. Sulagna Mukherjee, Mr. Tanay Agarwal, Ms. Priyansha Agarwal, Mr. Manav Sharma, Mr. Bharath Krishna

Sabyasachi Bhattacharyya, J.:-

1. The genesis of the present appeals under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the 1996 Act”) is an award dated February 29, 2020 passed by a learned Senior Advocate of this Court in the capacity of Arbitrator, who was appointed by Court on consent, as recorded in the order dated August 1, 2014 passed in a suit between the parties bearing CS No. 344 of 2014.

2. AP No. 364 of 2020 was filed by one Gopal Das Bagri and AP No. 402 of 2020 by Feather Touch Limited, both award debtors, under Section 34 of the 1996 Act, challenging the said award. The said two applications appeared before the learned Single Judge along with two connected applications for enforcement of the award, bearing EC No. 145 of 2020 and EC No. 81 of 2022, and interlocutory applications filed therein.

3. The learned Single Judge took up both the applications under Section 34 for hearing on a preliminary issue as to whether the award was tainted by fraud, corruption and bias. By a judgment dated July 27, 2023, which is under challenge in the present appeals, the learned Single Judge held the preliminary issue against award holders, t

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