M/S. Binoy Tradinjg Co. And Anr vs Tata Motors Finance Limited
2023 Latest Caselaw 2168 Cal/2

OCD-1
                            APOT/253/2023
                                  with
                             AP/369/2023
                           IA No. GA/1/2023

               IN THE HIGH COURT AT CALCUTTA
                        In appeal from its
             ORDINARY ORIGINAL CIVIL JURISDICTION
                CIVIL APPELLATE JURISDICTION
                     (Commercial Division)



                M/S. BINOY TRADINJG CO. AND ANR.
                             Versus
                 TATA MOTORS FINANCE LIMITED

Before:
The Hon'ble Justice I. P. MUKERJI
            And
The Hon'ble Justice BISWAROOP CHOWDHURY
Date: 21st August 2023

                                                                Appearance:
                                       Mr. Shyamal Chakraborty, Advocate
                                            Mr. Debjyoti Mondal, Advocate
                                                        ...for the appellant
                                             Mr. Rohit Banerjee, Advocate
                                             Mr. Paritosh Sinha, Advocate
                                        Mr. Saubhik Chowdhury, Advocate
                                              Ms. Tapasika Bose, Advocate
                                                         ...for respondent

The Court: A short question is involved in this appeal.

Admittedly proceedings under Section 9 of the Arbitration and

Conciliation Act, 1996 were instituted before the learned City Civil

Court. By operation of Section 42 of the Arbitration and Conciliation

Act, every subsequent application is to be filed in that Court.

The subject-matter of contention is an application under

Section 34 of the said Act which was filed in this Court and dismissed

by the learned single Judge by a judgment and order dated 14th June,

2023 on the ground that it lay before the learned City Civil Court

where the previous Section 9 application had been filed.

Mr. Chakraborty, learned advocate for the appellant argues

that the said rule would not apply in this case as the value of the

arbitral award is more than Rs.10 lakhs and the learned City Civil

Court has no pecuniary jurisdiction.

Mr. Banerjee, learned advocate for the respondent, on the

other hand, submits that the said Court had jurisdiction to determine

the Section 34 application and that the learned single Judge had

rightly dismissed the application for stay of the award.

This short question of law has to be gone into.

We admit the appeal.

There is no scope of any interim order in this appeal at this

point of time.

We expedite the hearing of the appeal by dispensing with all

formalities.

As the respondents are represented by learned counsel before

the Court, we dispense with issuance and service of the notice of

appeal.

Advocate-on-record for the appellant is directed to file an

informal paper book by 15th September, 2023 serving a copy thereof

upon the advocate-on-record for the respondent atleast seven days

before the date of hearing of the appeal.

List the appeal for hearing on 27th September, 2023.

The application for stay (IA No. GA 1 of 2023) is disposed of.

As affidavits were not invited, allegations contained in the stay

application are deemed to have been not admitted.

(I. P. MUKERJI, J.)

(BISWAROOP CHOWDHURY, J.)

A/s.