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2025 DAILYLAW 57370 (CAL)

YASMIN KHALIQUE AND ORS v. MUKHTAR ALAM

AO-COM/24/2024 · 2025-02-13

Biswaroop Chowdhury, Soumen Sen

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

OD-3 IN THE HIGH COURT AT CALCUTTA Commercial Appellate Division (Commercial Division) ORIGINAL SIDE IA NO. GA-COM/2/2025 WITH AP-COM/677/2024 In AO-COM/24/2024 YASMIN KHALIQUE AND ORS. Vs MUKHTAR ALAM BEFORE: The Hon'ble JUSTICE SOUMEN SEN And The Hon’ble JUSTICE BISWAROOP CHOWDHURY Date : 2nd August, 2025 Appearance: Mr. Ahin Choudhury, Sr. Adv. Mr. Sohail haque, Adv. Mr. M.I.A. Ladhi, Adv. Ms. Musarrat Saba, Adv. …for the appellants. Mr. Ishaan Saha, Adv. Mr. Tarique Quasimuddin, Adv. Mrs. Zainab Tahur, Adv. …for the respondent. 1. This is an application seeking clarification of the judgment and order passed on 13th February, 2025. The basis of the application appears to be that by reason of the order dated 13th February, 2025, whereby the order of the learned Single Judge was set aside, the Arbitrator is reopening the entire issue. 2. In paragraph 24 of the order dated 13th February, 2025, we have made it clear that the award insofar as the date of dissolution is concerned 2 appears to be final and thereafter passed certain directions. One of the grounds for which we set aside the order of learned Single Judge was that it was an appealable order and at that stage the decision of the arbitrator cannot be construed as an award. If the Arbitrator has travelled beyond its jurisdiction, it could be a ground for challenging the award. 3. On such consideration, we do not feel any clarification of the order dated 13th February, 2025 is required as we have clearly stated whatever we have to say in allowing the appeal and setting aside the order of the learned Single Judge. 4. Accordingly, the application being IA No.GA-COM/2/2025 stands disposed of. 5. Since no affidavits have been filed, the allegations contained therein are deemed to have been denied. (SOUMEN SEN, J.) (BISWAROOP CHOWDHURY, J.) s.pal/s.bag