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2026 DAILYLAW 27340 (CAL)

SAURABH MISHRA v. DEVSHANKA MUKHERJEE

CO/2166/2026 · 2026-07-08

Hiranmay Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

37 08.07.2026 Court No.6 BP C.O. 2166 of 2026 Saurabh Mishra -versus- Devshanka Mukherjee Mr. Satyam Mukherjee Ms. D. Biswas ..for the petitioner The learned advocate appearing for the petitioner submits that the application for withdrawal of the suit in view of an arbitration clause in the leave and licence agreement has been fixed for hearing on 5th October, 2026. He further submits that the hearing of the application under Section 11 of the Arbitration and Conciliation Act being A.P. 74 of 2026 has been adjourned by an order dated May 19, 2026 on the ground of the pendency of the application for withdrawal of the suit. He prays for preponing the next date of hearing before the learned trial judge. This Court is not inclined to accept such prayer as it would not be proper on the part of this Court to prepone the next date of hearing. Faced with such situation, the learned advocate appearing for the petitioner prays for a liberty to approach the learned trial judge for preponing the next date of hearing. 2 In the light of the submissions made by the learned advocate for the petitioner, C.O. 2166 of 2026 stands disposed of with liberty to the petitioner to approach the learned trial judge praying for preponing the next date of hearing. If such a prayer is made the learned trial judge shall consider the same in accordance with law taking note of the fact that an arbitration petition under Section 11 of the 1996 Act is pending before this Court. There shall be, however, no order as to costs. Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities. (Hiranmay Bhattacharyya, J.)