OCD-52 ORDER SHEET IN THE HIGH COURT AT CALCUTTA COMMERCIAL DIVISION ORIGINAL SIDE AP-COM/576/2026 M/S. ANWESHA REAL ESTATE DEVELOPER AND ANR. -VS- FURNUM TRADECOM LIMITED BEFORE: The Hon’ble JUSTICE GAURANG KANTH Date : 21st August, 2026. Appearance: Mr. Soham Roy, Adv. Mr. Snehashis Sen, Adv. Mr. Abhishek Banerjee, Adv. …for the petitioners Mr. Kuldip Malik, Adv.(VC) Mr. Atul Sureka, Adv. Mr. Yogesh Sharma, Adv. Mr. Vikash Agrawal, Adv. …for the respondent The Court:- Affidavit of service is taken on record. The petitioners have preferred the present application under Section 9 of the Arbitration and Conciliation Act, 1996, seeking, inter alia, an order of temporary injunction restraining the respondent, its directors, officers, servants, agents, representatives and/or assigns from giving effect to the Notice of Termination dated 22nd June, 2026. The petitioners have further sought an order of injunction restraining the respondent, its directors, officers, servants, agents, representatives and/or assigns from entering into or executing any fresh Development Agreement, Joint Venture Agreement, Collaboration Agreement or Memorandum of Understanding with any third party in respect of the 2 subject property, other than pursuant to the Development Agreement dated 8th March, 2024 entered into between the parties. Learned Counsel appearing for the petitioners has also sought an order restraining the respondent from selling, transferring, alienating, encumbering, mortgaging or creating any third-party right, title or interest in respect of the subject property. In view of the disputes and differences that have arisen between the parties in relation to the Development Agreement dated 8th March, 2024, the parties, with the consent of their respective learned Counsel, have agreed to the appointment of a Sole Arbitrator for adjudication of their disputes arising out of the said Development Agreement. Without entering into the merits of the disputes and with the consent of the parties, this Court appoints Mr. Bishajib Ghosh, Advocate, High Court at Calcutta (Mobile No. 9836461646), as the Sole Arbitrator to adjudicate and decide the disputes and differences between the parties arising out of or in connection with the Development Agreement dated 8th March, 2024. The present application under Section 9 of the Act shall be treated as an application under Section 17 of the Act before the learned Sole Arbitrator, who shall consider and adjudicate the interim reliefs sought therein on their merits and in accordance with law. It is clarified that all questions relating to the arbitrability of the disputes, maintainability of the claims, limitation, jurisdiction, admissibility and all other questions of law and fact are left open to be urged before the learned Sole Arbitrator. The learned Sole Arbitrator shall consider and 3 decide all such issues in accordance with law, without being influenced by any observation made in this order. The learned Sole Arbitrator shall enter upon the reference upon making the disclosure contemplated under Section 12(1) of the Act and subject to the provisions of Section 12(5) thereof. The learned Sole Arbitrator shall be entitled to fix his remuneration in terms of the Fourth Schedule to the Act or as may be mutually agreed between the parties. A copy of this order shall be communicated by the petitioners to the learned Sole Arbitrator forthwith for taking necessary steps in the matter. With the aforesaid directions, the present application stands disposed of. (GAURANG KANTH, J.) S. A. AR (CR)