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2025 DAILYLAW 38348 (CAL)

CHOLAMANDALAM INVESTEMENT AND FINANCE CO LTD v. SWARAJ KUMAR ADHIKARY

CO/3152/2025 · 2025-09-04

Hiranmay Bhattacharyya

body2025

Judgment text

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Sl.19 04.09.2025 Court No.6 BP C.O. 3152 of 2025 Cholamandalam Investment and Finance Company Limited -versus- Swaraj Kumar Adhikary Ms. Sanchita Bera … for the petitioner This application under Article 227 of the Constitution of India is at the instance of the defendant praying for a direction upon the learned trial judge to prepone the date of hearing of the application under Section 5 read with Section 8 of the Arbitration and Conciliation Act, 1996. From the ordersheets appended to this application this Court finds that by an order dated 25th June, 2025 the learned judge fixed 12th March, 2026 for hearing of the application under Section 5 read with Section 8 of the Arbitration and Conciliation Act, 1996. When an application under Section 5 read with Section 8 of the Arbitration and Conciliation Act, 1996 has been filed the same is required to be disposed of expeditiously. In view thereof, C.O. 3152 of 2025 stands disposed of by giving liberty to the petitioner to approach learned Civil Judge (Junior Division), 1st Court at Barasat for preponement of the date of hearing of the application under Section 5 read with Section 8 of the Arbitration and Conciliation Act, 1996. If such an 2 approach is made the learned trial judge shall consider the same in accordance with law. With the above observations, C.O. 3152 of 2025 stands disposed of. There shall be, however, no order as to costs. Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities. (Hiranmay Bhattacharyya, J.)