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Calcutta High CourtCO/247/2021disposed

India Oil Corporation Ltd. And ANR v. Sutanu Hazra

2021-02-10Hon'Ble Justice Shampa Sarkar2 pages

S/L 9 10.02.2021 Court. No. 19 GB C.O. 247 of 2021 Indian Oil Corporation Limited & Anr.

Vs.

Shri Sutanu Hazra (Through Video Conference) Mr. Subhendu Halder, Ms. Shreya Nandi.

... for the Petitioners.

This revisional application has been filed for expeditious disposal of the application under Section 8 of the Arbitration and Conciliation Act, 1996 and the application under Order 39, Rule 4 read with Section 151 of the Code of Civil Procedure.

The petitioners are the defendants in Title Suit No.194 of 2013 pending before the learned Civil Judge (Junior Division), 6th Court at Howrah.

The learned advocate for the petitioners submits that the suit was referred to mediation but mediation has failed. However, the records do not reveal that the report of mediation has reached the court of the learned trial Judge. Under such circumstances, the revisional application is disposed of with a direction upon the learned court below to dispose of all the pending applications filed in connection with Title Suit No.194 of 2013 within a period of three months from the date of receipt of the report of mediation.

It is made clear that this Court has not gone into the merits of the claims and counter-claims of the parties. The learned court below will proceed independently and in accordance with law without being influenced by any observations made herinabove. The learned court below shall allow the opposite party to file his written objection if the same had not already been filed.

Petitioners are directed to serve a copy of this revisional application along with a server copy of this order upon the opposite party.

The revisional application is disposed of.

There will be, however, no order as to costs. Urgent Photostat certified copy of this order, if applied for, be given to the parties on priority basis. (Shampa Sarkar, J.)