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2025 Supreme(Online)(Cal) 8615

CALCUTTA HIGH COURT
MS. SAROJ DEY – Appellant
Versus
MR.ASHIM GHOSHAL – Respondent


ORDER OD – 2 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION AP/64/2025 MS. SAROJ DEY VS MR. ASHIM GHOSHAL BEFORE:

The Hon’ble JUSTICE SHAMPA SARKAR Date: 18th December, 2025.

Appearance:-

Mr. Snehashis Sen, Advocate Mr. Abhishek Banerjee, Advocate Ms. Debasmita Nandi, Advocate … for the petitioner.

Mr. DiptomoyTalukder, Advocate Mr. Supriyo Ghosh, Advocate … for the respondent.

1. Affidavit in opposition is taken on record. Mr. Banerjee submits that no affidavit-in-reply will be filed.

2. The petitioner seeks appointment of an arbitrator to adjudicate the dispute between the parties, which arose out of the Leave and Licence Agreement dated November 25, 2023. The dispute arose due to non- payment of the licence fees and refusal by the respondent to vacate the premises, upon expiry of the leave and licence agreement by efflux of time.Clause 39 of the said leave and licence agreement deals with settlement of dispute by arbitration and the same is quoted below:-

“39. Any dispute and/or differences arising out of this Agreement shall be referred to the arbitration by a sole arbitrator to be mutually appointed by the parties, whose decision shall be final and binding on both

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