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2026 DAILYLAW 32163 (CAL)

CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LIMITED v. SACHIN KUMAR AND ORS

CO/2527/2026 · 2026-08-06

Hiranmay Bhattacharyya

body2026

Judgment text

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Court No. 6 (265719) 06.08.2026 (AD 29) (S. Banerjee) CO 2527 of 2026 Cholamandalam Investment and Finance Company Limited Vs. Sachin Kumar & Ors. Ms. Reshmi Ghosh Mr. Ranjit Singh Ms. Tutul Das Mr. Amar Singh Ms. Alivia Bhattacharjee Mr. Agnik Moulik …for the petitioner This application under Article 227 of the Constitution of India is at the instance of the 3rd defendant praying for a direction upon the learned Civil Judge (Sr. Division), 6th Court at Alipore to dispose of the application under Order 7 Rule 11 of the Civil Procedure Code filed in Title Suit No. 1692 of 2025 expeditiously. Learned advocate appearing for the petitioner submits that after the application under Section 14 of the SARFAESI Act was filed, the opposite-parties nos. 1 and 2 filed the instant suit and obtained an order of injunction. She further submits that the application under Order 7 Rule 11 of the Civil Procedure Code has been filed praying for rejection of the plaint on the ground that the suit is barred under Section 34 of the SARFAESI Act. She submits that the said 2 application is otherwise ready for hearing and is fixed for hearing on September 8, 2026. In view of the order sought and proposed to be passed, there is no necessity to direct issuance of any notice upon the opposite parties. However, the learned advocate-on-record of the petitioner shall be obliged to forward a copy of this application along with a server copy of this order, upon the opposite parties or upon the learned advocate representing them before the learned trial judge forthwith. In the light of the submission made by the learned advocate appearing for the petitioner, this revisional application stands disposed of by requesting the learned Civil Judge (Sr. Division), 6th Court at Alipore to take up the hearing of the application under Order 7 Rule 11 of the Civil Procedure Code filed in Title Suit No. 1692 of 2025 on the next date fixed, i.e., on September 8, 2026, if the same is otherwise ready for hearing, and make an endeavour to decide the same as expeditiously as possible, but positively within a period of six weeks from the next date fixed, without granting any unnecessary adjournment to either of the parties. (Hiranmay Bhattacharyya, J.)