OCD-43 ORDER SHEET IN THE HIGH COURT AT CALCUTTA COMMERCIAL DIVISION ORIGINAL SIDE AP-COM/282/2026 Belani Housing Development Limited VS Cygnus Developers (India) Private Limited BEFORE: The Hon’ble JUSTICE GAURANG KANTH Date : 31st August, 2026. Appearance: Mr. Sarvapriya Mukherjee, Adv. Mr. Varun Kothari, Adv. Mr. A. Agarwalla, Adv. Ms. Priyanka Garain, Adv. …for the petitioner Mr. Suman Kr. Dutt, Sr. Adv. Mr. Meghnad Dutta, Adv. Mr. Dwaipayan Basu Mallick, Adv. Ms. Sushira Mitra, Adv. Mr. Rajesh Upadhyay, Adv. ..for the respondent The Court: This is an application filed under Section 9 of the Arbitration and Conciliation Act, 1996, seeking restraint upon the respondent, its servants, agents and assigns from giving any effect to the termination letter dated 14th January, 2026 being Annexure “O” to the present proceedings. Without entering into the merits of the matter, learned Counsel for the parties submit that a Sole Arbitrator can be appointed in terms of the Agreement dated 16th October, 2023 and the Supplementary Agreement also dated 16th October, 2023 bearing arbitration clause providing for arbitration as the mode of adjudication of the disputes which have arisen between the parties in terms of the said agreements. 2 With the consent of the parties, Mr. Sakya Sen, Senior Advocate (Mobile No. 9830065525) is appointed as the learned 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. The learned sole Arbitrator shall be entitled to fix the remuneration in accordance with the Fourth Schedule of the Act or as may be mutually agreed between the parties. A copy of this order shall be communicated by the petitioner to the learned sole Arbitrator for necessary action. 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. The present application shall be treated as a Section 17 application before the learned Arbitrator. This Court has not expressed any opinion on the merit of Section 9 application and that the application under Section 17 shall be decided by the Arbitrator on its own merit and in accordance with law. With the aforesaid directions, the present application stands disposed of. (GAURANG KANTH, J.) bp