LAWS(CAL)-2021-8-34

AMIT GUHA ROY Vs. AMLAN CHOWDHURY

Decided On August 11, 2021
Amit Guha Roy Appellant
V/S
Amlan Chowdhury Respondents

JUDGEMENT

(1.) The present revisional application has been filed, challenging the later portion of an order dated December 7, 2020 passed in Miscellaneous Case No.47 of 2020, whereby the application filed by the opposite parties under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the 1996 Act") was transferred to the Commercial Court at Rajarhat for hearing.

(2.) Learned counsel for the petitioner contends that the court below acted without jurisdiction in passing the portion of the order impugned herein, in view of the claim in the application under Section 9 of the 1996 Act being restricted to interim orders in the nature of injunction and furnishing a bank guarantee to the tune of Rs. 17,90,000/- as security in favour of the present opposite parties.

(3.) Learned counsel contends that, as per the relevant Notification dated March 20, 2020 published in the Calcutta Gazette (annexed to the present revisional application), the pecuniary jurisdiction in case of Commercial Courts at Siliguri, Asansole, Alipore and Rajarhat shall not be an amount less than Rs.30,00,000/-.