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2026 DAILYLAW 36771 (CAL)

NIKHAT ARA SIDDIQI v. MUFTAH AHSAN SIDDIQI

AP/150/2026 · 2026-08-25

Gaurang Kanth

body2026

Judgment text

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ORDER OD – 24 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE AP/150/2026 NIKHAT ARA SIDDIQI VS MUFTAH AHSAN SIDDIQI BEFORE HON'BLE JUSTICE GAURANG KANTH Date: August 25, 2026. Appearance:- Mr. Soumalya Ganguli, Adv. …for petitioner Mr. Muftah Ahsan Siddiqi ...respondent in person. The Court:- Affidavit of service is taken on record. The petitioner has preferred the present petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of a sole Arbitrator to adjudicate the disputes and differences that have arisen between the parties in connection with the agreement dated 15th July, 2025. It is the case of the petitioner that the aforesaid agreement was entered into between the parties in relation to the settlement of the respondent’s share in certain properties forming part of the estate of Late Md. Shafique Uddin Siddiqi. The petitioner states that, pursuant to the agreement, she took steps for valuation of the properties and also complied with her obligation to pay the respondent a sum of Rs.24,000/- per month. The petitioner further states that the properties were independently valued and the respondent’s share was assessed at Rs.41,52,860/-. 2 The petitioner alleges that notwithstanding the aforesaid arrangement, the respondent committed breach of the terms of the agreement, including by entering and visiting the family properties and interfering with the petitioner and other members of the family. The disputes have accordingly arisen between the parties. Clause 7.2 of the agreement contains the arbitration clause providing for reference of disputes arising out of the agreement to arbitration in accordance with the Arbitration and Conciliation Act, 1996. The petitioner further states that a notice under Section 21 invoking the arbitral proceeding was issued on 22nd July, 2026 to the respondent, proposing the appointment of Sri Avirup Mondal, learned Advocate, High Court at Calcutta as a sole Arbitrator. It is further stated that the respondent did not respond to the said notice resulting in failure of the agreed mechanism for constitution of the arbitral tribunal. The respondent who appears in person states that he has no objection to the appointment of an Arbitrator in terms of the agreement dated 15th July, 2025. He does not dispute the agreement or the arbitration clause contained in the said agreement and consents to the appointment of an Arbitrator. With the consent of the parties, this Court appoints Mr. Sunil Singhania Advocate (Mob No:-9831101191) as the sole Arbitrator to adjudicate the disputes between the parties. The learned Sole Arbitrator shall enter upon the reference making the disclosure with Section 12(1) of the Act and subject to the provisions of Section 12(5) thereof. 3 The learned Sole Arbitrator shall fix his remuneration in terms of the Fourth Schedule of the Act or as agreed between the parties. A copy of this order shall be communicated to the learned Sole Arbitrator to take necessary steps. 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. With the aforesaid directions, the present petition stands disposed of. (GAURANG KANTH, J.) R. D. Barua