Facts/Background:

• M/S Ravi Ranjan Developers Pvt. Ltd. was the Appellant.
• Aditya Kumar Chatterjee was the Respondent. The Appellant and Respondent entered into a Development Agreement dated 15.06.2015 concerning property in Muzaffarpur, Bihar. The agreement incorporated an arbitration clause specifying Kolkata as the seat of arbitration.
• Disputes arose between the parties, leading to the Respondent's termination of the Development Agreement on 24.04.2019, which the Appellant did not accept.
• The Appellant filed RERA Case No. 56/377/2019 before RERA, Patna, on 15.05.2019, while the Respondent filed a Section 9 petition under the A&C Act on 17.08.2019 before the Muzaffarpur District Court seeking interim relief.
• The Respondent filed a complaint on 01.10.2019 before the Muzaffarpur Municipal Corporation, alleging deviations from the sanctioned building plan, dismissed on 22.01.2020, with the appeal pending before the Bihar Building Municipal Tribunal.
• The Respondent invoked the arbitration clause by issuing notice to the Appellant's registered office in Patna and filed A.P. No. 2020 before the Calcutta High Court on 15.11.2020, later withdrawn due to technical defects.
• On 15.01.2021, the Respondent filed A.P. No. 46/2021 under Section 11(6) of the Arbitration and Conciliation Act, 1996, before the Calcutta High Court.
• The Appellant contested the petition, asserting that the Calcutta High Court had territorial jurisdiction since the Property and Development Agreement was in Bihar. At the same time, the Respondent relied on Kolkata as the arbitration seat.
• On 13.08.2021, the Calcutta High Court allowed the arbitration petition and appointed a retired judge of the Calcutta High Court as the Sole Arbitrator.
• The Appellant filed a review application on 30.09.2021, which was dismissed by the High Court on 04.10.2021.
• Aggrieved by the aforesaid orders, the Appellant preferred the present appeal.
  

Main Issue:

• Did the Calcutta High Court have jurisdiction to entertain the application filed by the Respondent and appoint an Arbitrator? (Paragraph 15)