C o u r t N . 2 2 S l 1 5 1 / C L DL-9 27.08.2026 Court No.37 [Bench ID-266447] (AD) (Disposed of) In the High Court at Calcutta Civil Appellate Jurisdiction Appellate Side FMA 814 of 2026 with IA No.: CAN 1 of 2026 Laxmi Niwas Daga Vs. Niwas Daga Mr. DN Sharma, Ld. Sr. Advocate Mr. Nilay Sengupta, Advocate Mr. Shailendra Jain, Advocate Mr. Sujit Banerjee, Advocate Mr. Modit Gupta, Advocate … for the Appellant Mr. Rajarshee Dutta, Advocate Mr. Rishab Karnani, Advocate Ms. Soni Ojha, Advocate … for the respondent 1. Appeal is directed against the Order dated June 3, 2026 passed in Misc. Case No.5139 of 2026 by the learned Judge, 10th Bench, City Civil Court at Calcutta. 2. The impugned order was passed under Section 9 of the Arbitration & Conciliation Act, 1996. 3. The disputes between the parties relate to a partnership firm. 4. Disputes relating to a partnership firm fall within the meaning of Section 2(1)(c)(xv) of the Commercial Courts Act, 2015. 5. Court is informed that the parties agreed to an Arbitrator by exchange of correspondence. 2 6. Court is also informed that the learned Arbitrator entered into reference and passed an order under Section 17 of the Act of 1996. 7. In such circumstances, since the disputes between the parties are commercial disputes within the meaning of the Act of 2015 and since the Court passing the order impugned is not the designated Commercial Court within the meaning of the Act of 2015, we set aside the order impugned. 8. We clarify that we did not enter into the merits of the respective contentions of the parties. 9. All points raised by the parties are kept open. 10. FMA 814 of 2026 and IA No.: CAN 1 of 2026 are disposed of accordingly. (Debangsu Basak, J.) (Aryak Dutt, J.) ABHIJIT DAS Digitally signed by ABHIJIT DAS Date: 2026.08.27 17:31:12 +05'30'