OCD-1 ORDER SHEET IN THE HIGH COURT AT CALCUTTA COMMERCIAL DIVISION ORIGINAL SIDE AP-COM/629/2026 JESSORE INDUSTRIES (INDIA) LIMITED VS THE STATE OF WEST BENGAL,REP. BY THE PRINCIPAL SECRETARY, PUBLIC ENTERPRISES AND INDUSTRIAL RECONST BEFORE: The Hon’ble JUSTICE GAURANG KANTH Date : 5th August, 2026. Appearance: Mr. Jishnu Chowdhury, Sr. Adv. Mr. Satadeep Bhattacharyya, Adv. Mr. Sayan Banerjee, Adv. Ms. Sriparna Mitra, Adv. Ms. Disha Basu Chowdhury, Adv. Ms. Vedika Sureka, Adv. ..for the petitioner Mr. Rudraman Bhattacharyya, Sr. Adv. Mr. N. G Khaitan, Adv. Mr. Akash Munshi, Adv. Mr. Nikhil Jhunjhunwala, Adv. Ms. Soma Chakraborty, Adv. ..for the respondent The Court: The present application has been filed under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim relief, inter alia, for stay of the order dated 5th January, 2026, and for restraining the respondent from interfering with, infringing, or threatening to infringe the petitioner's right, title, interest, and peaceful possession and occupation in respect of the leased premises. 2 Without entering into the merits of the matter, learned Counsel for the parties submit that an Arbitrator may be appointed to adjudicate the disputes between the parties arising out of the Lease Deed dated 20th April, 1993. With the consent of the parties, Hon'ble Justice Jyotirmay Bhattacharya (Retired) is appointed as the sole Arbitrator to adjudicate the disputes between the parties. The learned Sole Arbitrator shall enter upon the reference after making the disclosure required under Section 12(1) of the Act, and shall be subject to the provisions of Section 12(5) thereof. The learned Sole Arbitrator shall be entitled to fix his remuneration in accordance with the Fourth Schedule to the Act, or as may be mutually agreed upon by the parties. The present Section 9 application shall be treated as an application under Section 17 of the Act before the learned Arbitrator. It is clarified that all questions relating to the arbitrability of the disputes, the admissibility of the claims, limitation, jurisdiction, and all other issues are left open to be urged before the learned Sole Arbitrator, who shall decide the same in accordance with law. Learned Senior Counsel for the State, upon instructions, states that no coercive action shall be taken pursuant to the order dated 5th January, 2026, for a further period of two weeks from date. A copy of this order shall be communicated by the petitioner to the learned Sole Arbitrator for necessary action. With the aforesaid directions, the present petition stands disposed of. 3 Urgent photostat certified copy of this order, if applied for, be given to the parties on compliance of all formalities. (GAURANG KANTH, J.) bp.