C o u r t N . 2 2 S l 1 5 1 / C L DL-2 14.08.2026 Court No.37 [Bench ID-266446] (AD) (Disposed of) In the High Court at Calcutta Civil Appellate Jurisdiction Commercial Appellate Division Appellate Side AO-COM 58 of 2025 with IA No.: CAN 1 of 2025 Union of India Vs. M/s. Gupta Construction Company Mr. Indrajeet Dasgupta, Advocate Mr. Guddu Singh Advocate … for the appellant 1. The appeal is under Section 37 of the Arbitration & Conciliation Act, 1996 against an order dated July 11, 2025 passed by the learned Judge, Commercial Court, Siliguri in Misc. Arbitration (Commercial) 23 of 2024. 2. Respondent is not represented. 3. We find from the affidavit of service that the respondent had been duly served, in spite of which none appears today to oppose the appeal. 4. We find from the order impugned that the learned Judge has rejected the application under Section 34 filed by the appellant on the ground that the certified copy of the impugned Award had not been forwarded to the learned Trial Court deciding the Section 34 application. We also find the same was the sole ground on which the Section 34 application was rejected. 5. Learned Counsel appearing for the appellant has drawn our attention to the mail received from the 2 learned Arbitrator on November 13, 2023 wherein the learned Arbitrator informed the parties that the original Award shall be sent to the learned Trial Court when requisition by the learned Trial Court. However, a photocopy of the signed Award had been sent separately by Speed Post. 6. In such circumstances, we find that the learned Trial Court should have asked the learned Arbitrator or requisition the original copy of the Award from the learned Arbitrator prior to dismissing the Section 34 application on the ground of non-availability of the original Award. 7. Accordingly, the appellant is given liberty to take steps to produce the original Award before the learned Trial Court and the learned Judge is requested to rehear the matter afresh and pass orders on the merits of the matter. 8. The impugned order is set aside and Section 34 petition is remanded back to the learned Trial Court for fresh trial. 9. AO-COM 58 of 2025 and IA No.: CAN 1 of 2025 are disposed of accordingly. (Debangsu Basak, J.) (Aryak Dutt, J.) ABHIJIT DAS Digitally signed by ABHIJIT DAS Date: 2026.08.14 16:07:02 +05'30'