IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE DIVISION APPELLATE SIDE Present:

The Hon’ble Justice Debangsu Basak And The Hon’ble Justice Md. Shabbar Rashidi FMA 1389 of 2025 IA No. CAN 1 of 2025 IDFC First Bank Limited And Another Vs.

Shyamsundar Distributor And Another For the appellants : Mr. Ranjit Singh, Adv.

Mr. Shounak Mukhopadhyay, Adv.

Mr. Amar Singh, Adv. Mrs. Tutul Das, Adv.

Ms. S. Mukherjee, Adv.

For the respondents : Mr. Ejaz Khan, Adv.

Mr. Pradip Kumar De, Adv. Mr. Debnath Mahata, Adv.

Hearing concluded on : 05.05.2026 Judgment on : 18.05.2026 Md. Shabbar Rashidi, J.:-

1. Order No. 12 dated July 10, 2025 passed by learned Judge, Vth Bench, City Civil Court in Title Suit No. 2334 of 2023 has been assailed in the present appeal at the behest of the defendant in the suit.

2. By the impugned order, the learned Trial Court dismissed the application under Section 5 and Section 8 of Arbitration and Conciliation Act, 1996 filed on behalf of the defendant in the suit on the ground that the same was filed by the defendant beyond the period of limitation prescribed for filing written statement. By the impugned order, the learned Trial Judge, on account of failure of the defendant/appella