Tata Motors Finance Company Ltd. v. Ismail Saikh

CO 3363 of 2023 Tata Motors Finance Company Ltd.

Vs.

Ismail Saikh Ms. Arunima Laha Mr. P.K. Srivastava Ms. Ankita Singh ... for the petitioner The grievance of the petitioner is that an DL-7 18.10.2023 Court No.7 (AD) application under Section 5 read with Section 8 of the Arbitration and Conciliation Act, 1996 filed in connection with Title Suit No.926 of 2021 is pending before the learned Judge, 9th Bench, City Civil Court at Calcutta since September 2021.

After perusing the order sheets, this Court finds that the hearing of the said application was adjourned from time to time.

The learned Advocate appearing for the petitioner submits that the said application is otherwise ready for hearing.

It appears from the order dated August 31, 2023 that the hearing of the application under Section 5 read with Section 8 of the 1996 Act was fixed on October 5, 2023 but the same was also adjourned on that date. The learned Advocate for the petitioner, upon instructions, submits that the next date is fixed on 30th of November, 2023 for hearing of the said application. In view of the submission of the learned Advocate

for the petitioner that the said application is otherwise ready for hearing, CO 3363 of 2023 is disposed of by requesting the learned Judge, 9th Bench or the learned Judge-in-Charge to take up the hearing of the application under Section 5 read with Section 8 of the Arbitration and Conciliation Act, 1996 on the next date fixed, that is, on 30th of November, 2023, and to dispose of the same as expeditiously as possible but preferably on or before the end of December, 2023 without granting any unnecessary adjournment to either of the parties. There shall be, however, no order as to costs. Urgent photostat certified copy of this order, if applied for, be given to the learned Advocates for the parties on usual formalities.

(Hiranmay Bhattacharyya, J.)