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Calcutta High CourtCO/749/2022disposed

Poonawalla Fincorp Limited (Previously Known As Magma Fincorp Ltd.) v. Md. Isamail

2022-04-11Hon'Ble Justice Subhasis Dasgupta2 pages

11.04.

C.O. 749 of 2022 AGM /RKB Ct Poonawalla Fincorp Limited.

Vs Md. Isamail Ms. Soni Ojha, Ms. S B. Chatterjee ... For the petitioner.

A direction to secure expeditious disposal of interlocutory applications filed under Sections 5 and 8 of the Arbitration and Conciliation Act, by the defendant in TS 1794 of 2019 of 12th Bench, City Civil Court at Calcutta is the ultimate relief sought for in this case. It is contended by the learned advocate for the petitioner that the court below has simply proceeded by extending the interim order already granted in this case, against the defendant, but the petition filed by the defendant under Sections 5 and 8 is not being disposed of taking steps therefor.

In view of the nature of the order proposed to be made in this case, service upon the opposite party is considered to be not necessary.

The service upon the opposite party is thus dispensed with, so far as the present revisional application is concerned.

Accordingly learned Judge, 12th Bench, City Civil Court at Calcutta in T.S.1794 of 2019 is requested to ensure expeditious disposal of pending interlocutory

applications, filed by the defendant/petitioner under Sections 5 and 8 of the Arbitration and Conciliation Act, providing sufficient opportunity of hearing to either of the parties to this case, but without granting unnecessary adjournment, unless it is extremely unavoidable.

With this observation and direction, the revisional application stands disposed of.

Petitioner is directed to make communication of this order to the learned court below as well as to the learned advocate appearing in the court below for the opposite party and opposite party.

(Subhasis Dasgupta, J)