THE AGRI HORTICULTURAL SOCIETY OF INDIA REPN. BY DURGADAS SARCAR SECRETARY v. M/S ENKON PRIVATE LIMITED REPN.BY MANAGING DIRECTOR ANINDYA BANERJEE CHOWDHURY
CO/2944/2026 · 2026-09-03
Hiranmay Bhattacharyya
body2026
DailyLaw.ai
[ 2026 DAILYLAW 38322 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 38322 (CAL) · dailylaw.ai ]
Judgment text
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Item-
13. sg
03-09-2026
Ct. 6
CO 2944 of 2026
Agri Horticultural Society of India Versus M/s. Enkon Private Limited
Mr. Sakya Sen, Sr. Adv. Mr. Sunil Gupta Ms. Jayeta Sengupta Ms. Tiyasha hatterjee
…for the petitioner
The immediate grievance of the petitioner is that the learned trial judge is mechanically extending the order of injunction by keeping the application under Section 5 read with Section 8 of the Arbitration and Conciliation Act, 1996 pending. Mr. Sen, learned Senior Counsel appearing for the petitioner submits that the said application under the 1996 Act was filed sometime in the month of September, 2025 and the same is otherwise ready for hearing. He further submits that the date of filing of such application was fixed on 28th August, 2026 but the same has been adjourned to 6th October,
2026. In view of the order sought and proposed to be passed, there is no necessity to serve notice upon the opposite party. However the learned Advocate-on-Record for the petitioner shall be obliged to forward a copy of this application along with a server copy of this order to the opposite party or the learned advocate representing the opposite party before the learned trial court, forthwith. In view of the statutory mandate under the 1996 Act, the learned trial judge is under an obligation to take up the hearing of the application under Section 5 read with Section 8 of the 1996 Act at the earliest. 2 In the light of the submission made by the learned Advocate for the petitioner, this civil revisional application stands disposed of by requesting the learned Civil Judge (Senior Division), 1st Court at Alipore, to take up the hearing of the application under Section 5 read with Section 8 of the1996 Act filed in T.S. No. 1284 of 2025 on the next date fixed i.e. on 6th October, 2026 and make an endeavour to dispose of the same as expeditiously as possible but preferably within a period of four working weeks from the next date fixed without granting any unnecessary adjournment to either of the parties. It will be open to the petitioner to raise objection against the mechanical extension of order of injunction before the learned trial judge. If such an objection is raised, the learned trial judge shall consider the same in accordance with law and pass order accordingly.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisites formalities. (Hiranmay Bhattacharyya, J.)