M/S. Binoy Trading Co. And Anr vs Tata Motors Finance Limited
2025 Latest Caselaw 1291 Cal/2

Calcutta High Court

M/S. Binoy Trading Co. And Anr vs Tata Motors Finance Limited on 26 February, 2025

Author: Soumen Sen

Bench: Soumen Sen

OCD-3 wt 4
                              ORDER SHEET

                    IN THE HIGH COURT AT CALCUTTA
                        Civil Appellate Jurisdiction
                              ORIGINAL SIDE
                          (Commercial Division)

                               APO/130/2023
                                   WITH
                                AP/369/2023

                     M/S. BINOY TRADING CO. AND ANR.
                                 VERSUS
                      TATA MOTORS FINANCE LIMITED

                                     Wt4

                               APO/163/2023

                         M/S. BINOY TRADING CO.
                                 VERSUS
                      TATA MOTORS FINANCE LIMITED


  BEFORE:
  The Hon'ble JUSTICE SOUMEN SEN
             AND
  The Hon'ble JUSTICE BISWAROOP CHOWDHURY
  Date : 26th February, 2025.
                                                                    Appearance:
                                                  Mr. Shyamal Chakraborty, Adv.
                                                              ...for the appellant

                                                          Mr. Rohit Banerjee, Adv.
                                                          Mr. Paritosh Sinha, Adv.
                                                    Mr. Saubhik Chowdhury, Adv.
                                                         Ms. Tapasika Bose, Adv.
                                                              ...for the respondent

1. On the prayer of the learned counsel for the respondent, the time

to file affidavit in terms of the order dated 12th February, 2025 is

extended till 7th March, 2025.

2. In view thereof, the time to file affidavit by the award-debtor is

extended by a fortnight thereafter.

3. It would be open for the award-debtor to physically inspect the

vehicles in question upon service of prior notice to the advocate-on-

record for the award-holder.

4. The matter stands adjourned till 26th March, 2025.

5. Mr. Paritosh Sinha, learned advocate, has referred to a judgment

delivered on February 17, 2025 in FMAT No. 376 of 2024 to show

that the Hon'ble Division Bench has in paragraph 22 observed that

all the Benches of the City Civil Court at Calcutta, till the formation

of two specifically designated commercial courts in terms of the

Notification dated March 20, 2020, to be deemed to function as

commercial courts within the contemplation of the 2015 Act for the

Calcutta jurisdiction at the district level.

(SOUMEN SEN, J.)

(BISWAROOP CHOWDHURY, J.)

R.Bhar/kc