Extracted from the PDF above. The PDF is authoritative.
Item-
23. sg
20-08-2026
Ct. 6
CO 2419 of 2026
Sk Wasim Ikbal Hossain Versus Indostar Capital Limited
Mr. Debasis Sur Mr. Dilip Kumar Das Mr. Mrinmoy Chatterjee Mr. Angsuman Patra
…for the petitioner Mr. Ranajit Singh Mr. Soham Sen Ms. Tutul Dus Mr. Amar Singh Ms. Subhas Chita Mukherjee Ms. Alivia Bhattacharjee
…for the respondent
This application under Article 227 of the Constitution of India is at the instance of the borrower and is directed against an order being no. 15, dated 22nd June, 2026 passed by the learned Judge, 11th Bench, City Civil Court at Calcutta in Title Suit no. 122 of 2025. By the order impugned, the application under Sections 5 and 8 of the Arbitration and Conciliation Act filed by the opposite party/financial company stood allowed. The learned advocate for the petitioner submits that the petitioner has filed the suit for declaration and permanent injunction and the dispute involved in the suit does not form subject matter of the Arbitration Agreement. The learned advocate for the opposite party submits that the dispute relates to a vehicle bearing registration no. WB 65D 5976 and in respect of such vehicle, there is a loan agreement containing an arbitration clause. Heard the learned advocates for the respective parties and perused the materials placed. The learned trial judge has specifically recorded the submission of the learned advocate for the plaintiff that
2 clause 44 of the agreement of arbitration dated 22nd April 2024, contain a clause for resolution of dispute by the arbitrator and he has got no objection provided the propounder i.e. the defendant submits certified copy of the loan agreement dated 22nd April, 2024. After going through the loan agreement, which is annexed to this civil revisional application, this Court finds that the said agreement contained an arbitration clause. After going through the averments made in the plaint of Title Suit 122 of 2025, this Court is of the considered view that the dispute involved in the instant suit is a dispute squarely covered under the arbitration agreement dated 22nd April,
2024. The learned trial judge was right in holding that in case there is an arbitration agreement between the parties and the dispute between the parties falls within the scope of the arbitration agreement, it is obligatory for the Court to refer the dispute to arbitration in terms of the arbitration agreement.
The learned trial judge was right in referring the dispute to arbitration in terms of Sections 5 and 8 of the Arbitration and Conciliation Act, 1996. This Court does not find any reason to interfere with the order impugned. In view of the above, this civil revisional application stands disposed of. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Hiranmay Bhattacharyya, J.)