Tata Motors Finance Limited, Presently Known As Tata Motors Finance Solution Limited v. Amir Khan

16.10.2023 Court No. 13 Item No. 55 pk FMAT 461 of 2023 With CAN 1 of 2023 CAN 2 of 2023 Tata Motors Finance Limited, presently known as Tata Motors Finance Solution Limited

Versus

Amir Khan Mr. Pratip Mukherjee, Mr. Sayak Ranjan Ganguly, Ms. Srijani Ghosh ..for the appellant.

Mr. Sanjib Kumar Mal, Mrs. Gitashree Mitrry ... for the respondent.

Re: CAN 1 of 2023

1. Sufficient grounds have been made out in the instant application explaining such delay in filing the appeal. Hence, the delay is condoned.

2. Accordingly, CAN 1 of 2023 is allowed and disposed of.

3. The appeal is taken up for hearing.

Re: CAN 2 of 2023

1. CAN 2 of 2023 is filed for stay of the impugned judgement and order dated 24.07.2023. It is submitted that the respondent has obtained the vehicle-in-question under a hire purchase agreement which has arbitration clause.

2. The appellant/defendant has filed a demurrer application (u/S. 5 & 8 of the Arbitration and Conciliation Act, 1996) for rejection of the plaint in the suit. Counsel for the respondent has relied upon a decision of a Co-ordinate Bench dated 3rd July, 2023 in FMAT 202 of 2023 whereby it was directed that the Court below should dispose of the application as expeditiously as possible.

3. Counsel for the appellant relies upon a decision of this Bench dated 18th July, 2023 passed in FMAT 444 of 2022 whereby this Court has made observations deprecating the practice of passing ex parte interim orders in hire purchase matters.

4. In view of the above, this Court directs that the interim order shall subsist only until 15th December, 2023. The Court below shall fix the demurrer application filed by the appellant at the earliest and dispose of the same in accordance with law preferably by 7th December, 2023.

5. Let objection to the application be filed within ten days from date positively and a copy of the same be served on the learned advocate for the appellant.

6. The Court below at the time of disposal of the demurrer application shall have the liberty to consider the extension of interim order, if necessary.

7. Since no affidavit has been called for by the respondent, the allegations made in the CAN

application shall not be deemed to have been admitted by the respondent.

8. The parties shall communicate this order to the Court below.

9. With the aforesaid observations, the instant appeal and the application being CAN 2 of 2023 are disposed of.

10.

There will be no order as to costs.

(Rajasekhar Mantha, J.) (Supratim Bhattacharya, J.)