Company Limited vs Sekh Badiul Jamal
2021 Latest Caselaw 3953 Cal

AD. 17.

July 26, 2021.

MNS.

C. O. No. 1258 of 2021 (Via video conference)

Cholamandalam Investment & Finance Company LImited Vs.

Sekh Badiul Jamal

Mr. Pramod Kumar Srivastava

... for the petitioner.

Learned counsel for the petitioner

contends that, despite a previous order of a co-

ordinate Bench of this Court dated February 8,

2021 passed in C. O. No. 333 of 2020 and

remanding the application of the opposite party

for restoration of the vehicle-in-question upon

consideration of an unreported judgment, which

was referred to in the order dated November 8,

2021, the trial court has repeated its previous

order, without applying the proposition laid down

in the said decision, which was considered by this

Court. As such, it is contended that the

impugned order was de hors the order of remand

passed by the co-ordinate Bench.

It is seen from the unreported judgment of

Cholamandalam Investment & Finance Co.

Ltd. Vs. Elious Dapatary (C. O. No. 2773 of

2016), which was referred to by the co-ordinate

Bench and referred to in the impugned order as

well, pending applications under Sections 5 and 8

of the Arbitration and Conciliation Act, 1996 (in

short '1996 Act') are to be adjudicated first,

before taking up for hearing any application for

injunction.

Since, in the present case, the injunction

order was extended and the application under

Section 151 of the Code for restoration of the

vehicle was allowed, without first taking up for

consideration and/or deciding the petitioner's

applications under Sections 5 and 8 of the 1996

Act, the petitioner has made out a strong prima

facie case as regards the order directing

restoration of possession of the vehicle being

premature and without jurisdiction.

This revisional application is required to be

heard on such questions.

Accordingly, the petitioner shall serve a

copy of this revisional application on the opposite

party indicating that the matter shall next be

enlisted for hearing on August 9, 2021, when the

petitioner shall file an affidavit-of-service to that

effect.

The operation of the impugned order

dated March 16, 2021 passed by the 12th Bench,

City Civil Court at Calcutta, in Title Suit No. 1216

of 2019 shall remain stayed till August 31, 2021

or until further order, whichever is earlier.

(Sabyasachi Bhattacharyya, J.)