Calcutta High CourtCO/3158/2025disposed

M/S Cholamandalam Investment And Finance Co Ltd v. Alauddin Mondal

2025-09-04Hon'Ble Justice Hiranmay Bhattacharyya2 pages

Court No. 6 CO 3158 of 2025 (265719) 04.09.2025 M/s. Cholamandalam Investment and Finance Co. Ltd. Vs.

Alauddin Mondal (AD 21) (S. Banerjee) Mr. Ranjit Singh Mr. Ratul Deb Banerjee Mr. Pranit Biswas ... for the petitioner This application under Article 227 of the Constitution of India is at the instance of the defendant praying for a direction upon the learned Civil Judge (Jr. Division) 1st Court at Barasat to dispose of the application under Section 8 read with Section 5 of the Arbitration and Conciliation Act, 1996 expeditiously.

Learned advocate appearing for the petitioner submits that the application under Section 8 with Section 5 of the 1996 Act is pending for a long time. From the order-sheets appended to this application this court finds that on May 22, 2025, the application under Section 8 read with Section 5 of the 1996 Act was filed. It further appears from the ordersheets that the next date for hearing of the said application is fixed on January 9, 2026.

In view of the order sought and proposed to be passed, there is no necessity to direct issuance of any notice upon the opposite party. However, the learned advocate-on-record of the petitioner shall be obliged to forward a copy of this application along with this order, upon the opposite party or upon the learned advocate representing the opposite party before the learned trial judge.

It appears from the record that the next date was shifted from March 25, 2026 to January 9, 2026 on the payer of the learned advocate appearing for the petitioner.

In view thereof, CO 3158 of 2025 stands disposed of by requesting the learned Civil Judge (Jr. Division), 1st Court at Barasat to take up the hearing of the application under Section 5 read with Section 8 of the 1996 Act on the next date fixed, if the same is otherwise ready for hearing, and to make an endeavour to dispose of the same as expeditiously as possible without granting any unnecessary adjournment to either of the parties.

(Hiranmay Bhattacharyya, J.)