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Calcutta High CourtCO/2703/2023disposed

Cholamandalam Investment And Finance Co Ltd v. Jafirul Islam Sardar

2023-08-28Hon'Ble Justice Shampa Sarkar2 pages

August 28, 2023 Sl. No.42 Court No.19 s.biswas CO 2703 of 2023 Cholamandalam Investment and Finance Company Limited vs.

Jafirul Islam Sardar Ms. Soni Ojha Ms. Sonia Nandy ... for the petitioner The petitioner is the defendant in the Title Suit No.2486 of 2022, which is pending before the learned Judge, 4th Bench, City Civil Court at Calcutta. The petitioner seeks expeditious disposal of the application under Section 8 of the Arbitration and Conciliation Act, 1986. The said application is pending since almost eight months.

Under such circumstances, this court is of the view that justice would be subserved, if the learned court below is directed to dispose of the pending application, on an urgent basis.

This court has not gone into the merits of the application. An order of expeditious disposal of any litigation, enures to the benefit of all the parties. Hence, prior service of this revisional application upon the opposite party, would not be necessary. The prayer is innocuous and very reasonable.

The revisional application is disposed of with a direction upon the learned court below to dispose of the pending application within a period of three months from the next date fixed, without granting

unnecessary adjournments to either of the parties and upon granting adequate opportunity to the opposite parties to contest the proceedings. The learned court below shall proceed strictly in accordance with law and independently.

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

Accordingly, the revisional application is disposed of.

All the parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)