C o u r t N . 2 2 S l 1 5 1 / C L DL-24 13.07.2026 Court No.37 [Bench ID-266046] (AD) (Disposed of) In the High Court at Calcutta Civil Appellate Jurisdiction Appellate Side FMAT (ARBAWARD) 57 of 2025 with IA No.: CAN 1 of 2025 Sri Chandra Bhussan Chaudhary & Anr. Vs. Sri Atanu Bera & Anr. Mr. Ranjan Kali, Advocate Mr. Rabindra Mitra, Advocate Mr. Sobhan Kumar Pathak, Advocate … for the Appellants Mr. Souri Ghosal, Advocate … for the Respondents 1. Appeal is directed against Order No.02 dated September 24, 2025 passed in Misc. Case No.258 of 2025 by the learned District Judge, Howrah. 2. By the impugned order, learned Trial Judge passed an interim order of injunction restraining the appellants from creating any third party interest in respect of the property under agreement by way of alienation or transfer and/or causing any wastage and damage to the suit property. 3. Parties before us informed the Court that, the parties agreed to refer the disputes between them to arbitration. 4. Learned Arbitrator, so appointed, entered into reference. 2 5. Subject-matter of the disputes is an agreement of development in respect of an immovable property. 6. The subject-matter of the petition under Section 9 of the Arbitration & Conciliation Act, 1996 is, therefore, a commercial dispute within the meaning of Section 2(1)(c)(vii) of the Commercial Courts Act, 2015. 7. Impugned order was passed by a Court which is not the Commercial Court constituted under the Act of 2015. 8. The order passed, therefore, is a nullity. 9. Parties are at liberty to approach the learned Arbitrator under Section 17 of the Act of 1996. 10. None of the observations made by us for or in the impugned order will prejudice any of the parties in any manner whatsoever. 11. FMAT (ARBAWARD) 57 of 2025 and IA No.: CAN 1 of 2025 are disposed of without any order as to costs. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.) ABHIJIT DAS Digitally signed by ABHIJIT DAS Date: 2026.07.13 15:24:13 +05'30'