Sl.14 17.09.2026 Court No.6 BP C.O. 3218 of 2026 M/s. Tirupati Shubh Shopper Private Limited -versus- Bengal Peerless Housing Development Company Limited & Anr. Mr. Swatarup Banerjee Mr. Sariful Haque Mr. Siddhartha Roy ..for the petitioner Mr. Abhrajit Mitra, Sr. Advocate Mr. Bikram Sarkar Mr. Aman Agarwal Mr. Rajib Mullick Mr. S. Chakraborty Mr. Siddhartha Deb Roy ..for the opposite party no.1 Mr. Siddhartha Banerjee Mr. Rajib Mullick Mr. S. Chakraborty ..for the opposite party no.2 After hearing the learned counsel for the respective parties and upon going through the nature of the order passed on 5th September, 2026 this Court is of the view that there is no scope to interfere with the said order at this stage. At this stage Mr. Banerjee, learned advocate appearing for the petitioner prays that liberty be given to the petitioner to approach the learned Judge of the Commercial Court to prepone the next date of hearing. He further submits that there is no scope to file any written objection to the application filed by the petitioner before 2 the learned Judge of the Commercial Court. Since the learned Judge of the Commercial Court has already afforded an opportunity to the opposite parties to file a written objections to the said application, this Court directs the opposite parties to file such written objections on or before 30th September, 2026. Mr. Mitra, learned senior advocate representing the opposite party no.1 and Mr. Banerjee, learned advocate appearing for the opposite party no.2 uniformly submit that they do not have any objection if the hearing of the application is preponed. They submit that the hearing of the application under Section 34 of the Arbitration and Conciliation Act be expedited. It will be open to the respective parties to approach the learned Judge of the Commercial Court for preponing the date of hearing of the application for stay and for fixing a date of hearing of the miscellaneous case under Section 34 of the Arbitration and Conciliation Act. If such an approach is made, the learned Judge of the Commercial Court shall consider the same and pass orders accordingly. It is, however, made clear that this Court has not entered into the issue of maintainability of the application under Section 36 of the Arbitration and Conciliation Act or Section 34 of the Arbitration and Conciliation Act and the learned Judge of the Commercial Court shall be free to decide the same in accordance with law. 3 With the above observations, C.O. 3218 of 2026 stands disposed of. There shall be, however, no order as to costs. Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities. (Hiranmay Bhattacharyya, J.)