M/S. Binoy Trading Co vs Tata Motors Finance Limited
2023 Latest Caselaw 2646 Cal/2

                          IA No. GA 1 of 2023
                         APOT No. 326 of 2023
                                  with
                          AP No. 368 of 2023
                  IN THE HIGH COURT AT CALCUTTA
                           In appeal from its
                ORDINARY ORIGINAL CIVIL JURISDICTION
                   CIVIL APPELLATE JURISDICTION
                         (Commercial Division)



                          M/s. Binoy Trading Co.
                                  Versus
                        Tata Motors Finance Limited




Before:
The Hon'ble Justice I. P. MUKERJI
            And
The Hon'ble Justice BISWAROOP CHOWDHURY
Date: 20th September 2023

                                                                    Appearance:
                                            Mr. Shyamal Chakraborty, Advocate
                                                 Mr. Debjyoti Mondal, Advocate
                                                               for the appellant
                                                  Mr. Rohit Banerjee, Advocate
                                             Mr. Saubhik Chowdhury, Advocate
                                                            for the 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 7th August 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 4th October 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 19th October 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.)

R. Bose