ORDER OCD-17 IN THE HIGH COURT AT CALCUTTA COMMERCIAL DIVISION ORIGINAL SIDE AP-COM/492/2025 V3 POLYPLAST PRIVATE LIMITED VS RAJASTHAN HOSIERY FACTORY PRIVATE LIMITED BEFORE: The Hon’ble JUSTICE SHAMPA SARKAR Date: 2nd July 2025. Appearance:- Mr. Rajarshi Dutta, Adv. Mr. Debraj Sahoo, Adv. Ms. Sucheta Mitra, Adv. Ms. Shreya Saria, Adv. Mr. Tamaghna Saha, Adv. …for petitioner. 1. An application for interim measures under Section 9 of the Arbitration and Conciliation Act, 1996 has been filed, once again. On April 21, 2025, the first application for interim protection was dismissed as withdrawn by this Court, with the observation that unless the petitioner movedthe MSME Council for interim protections, the petitioner could not approach the High Court straightaway for interim orders. The petitioner had not availed of its rights under Section 17 of the said Act before approaching the High Court. The Court was of the view that no exceptional situation had been established which would persuade the Court to exercise discretion under Section 9(3) of the said Act. Section 17 of the said Act would be applicable as the proceeding before the MSME Council was under Section 18(3) of the MSME Act.The conciliation had failed and was 2 terminated. Under such circumstances, the earlier application was dismissed as withdrawn upon Mr. Dutta submitting that the MSME Council would be approached. This Court had granted liberty to the petitioner to approach the Court in future, under any exceptional situation. 2. It is submittedthat an application was filed on May 3, 2025 for interim protection, but the MSME Council has not yet fixed the date of hearing of the same. In my view, this is not an exceptional situation which would warrant order from this Court. 3. The MSME Council is requested to take up the matter urgently. Liberty is granted to the petitioner to approach the Council with a copy of this order and seek a date of hearing of the application under Section 17 of the said Act. This Court reposes faith and trust that the said application will be heard and disposed of by the Council within a short period, upon hearing all the parties. 4. This court has not expressed any opinion on the merits of the matter. 5. The application is disposed of. (SHAMPA SARKAR, J.) S. Kumar / R.D. Barua