OCD-5 & 6 ORDER SHEET IN THE HIGH COURT AT CALCUTTA Commercial Appellate Division ORIGINAL SIDE APO/130/2023 WITH AP/369/2023 M/S. BINOY TRADING CO. AND ANR.

VS TATA MOTORS FINANCE LIMITED WITH APO/163/2023 M/S. BINOY TRADING CO.

VS TATA MOTORS FINANCE LIMITED BEFORE:

The Hon’ble JUSTICE ARIJIT BANERJEE AND The Hon’ble JUSTICE OM NARAYAN RAI Date : 28th July, 2025.

Appearance:

Mr. Shyamal Chakraborty, Adv. Mr. Jayanta Kumar Dhar, Adv.

..for the appellant Mr. Rohit Banerjee, Adv. Mr. Paritosh Sinha, Adv.

Mr. Saubhik Chowdhury, Adv.

Ms. Tapasika Bose, Adv.

..for the respondent Dictated by Arijit Banerjee, J.

The Court: These two appeals arise out of two arbitration petitions whereby the appellants challenged two arbitral awards passed in favour of the present respondent by a learned sole Arbitrator. The Learned Single Judge dismissed the two applications under Section 34 of the Arbitration and Conciliation Act, 1996, not on merits but on the ground that the same were not maintainable in the High Court. This is because prior to the setting aside applications being filed, the respondent herein had approached the City Civil Court at Calcutta with post-award Section 9 applications for interim orde