Cholamandalam Investment And Finance Company Ltd. And ANR. v. Olisa Reality Pvt. Ltd. And ORS.

Sl.4 09.09.2025 Court No.6 BP C.O. 3276 of 2025 Cholamandalam Investment and Finance Company Ltd. & Anr.

-versusOlisa Reality Pvt. Ltd. & Ors.

Mr. Ayan Banerjee Mr. Shounak Mukhopadhyay Ms. S. B. Chatterjee ... for the petitioners This application under Article 227 of the Constitution of India is at the instance of the financial institution praying for a direction upon the learned Debts Recovery Appellate Tribunal, Kolkata to dispose of the Miscellaneous Appeal no.8 of 2025 expeditiously. Mr. Banerjee, learned advocate appearing for the petitioners submits that challenging an order passed under Section 14 of the SARFAESI Act, 2002 the opposite parties herein approached the learned Debts Recovery Tribunal-I, Kolkata and the learned Tribunal passed an order of stay of operation of the order passed under Section 14 of the 2002 Act. Being aggrieved by such order the petitioners have approached the learned Debts Recovery Appellate Tribunal, Kolkata and the learned Appellate Tribunal has adjourned the hearing of the miscellaneous appeal on several occasions on frivolous grounds.

In view of the order sought and proposed to be passed, there is no necessity to issue notice upon the opposite parties.

However, the learned advocate

appearing for the petitioners shall be obliged to forward a copy of this application along with this order upon the opposite parties or upon the learned advocates representing the opposite parties before the learned Debts Recovery Appellate Tribunal.

From the ordersheets appended to this application, this Court finds that 4th November, 2025 has been fixed for hearing of the miscellaneous appeal. In the light of the submissions made by Mr.

Banerjee, learned advocate for the petitioners, C.O. 3276 of 2025 stands disposed of by requesting the learned Debts Recovery Appellate Tribunal, Kolkata to take up the hearing of the Miscellaneous Appeal no.8 of 2025 on the next date fixed i.e. on 4th November, 2025, if the same is otherwise ready for hearing, and to make an endeavour to dispose of the same as expeditiously as possible but preferably within a period of six months from the next date fixed without granting any unnecessary adjournments to either of the parties. There shall be, however, no order as to costs. Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

(Hiranmay Bhattacharyya, J.)